GIFT  OF 


KENTUCKY 

SCHOOL 

LAWS 


1914 


Published  by 

KENTUCKY  DEPARTMENT  OF  EDUCATION 

Barksdale  Hamlett,  Superintendent 

of  Public  Instruction 

Frankfort. 


THE 


Common  School  Laws 


OF  THE 


State  of  Kentucky 


REVISED  TO  DATE 


Edited  and  Published  by 

BARKSDALE  HAMLETT 

Superintendent  of  Public  Instruction 


L  Bz 


THE    STATE    JOURNAL   COMPANY 

Printers  to  the  Commonwealth 

Frankfort,    Ky. 


CONTENTS 


Chapter.  Page. 

I.    Educational  Provisions  of  the  Kentucky  Constitution 1 

II.     General   Provisions    4 

III.  School   Fund    8 

IV.  State   Board   of  Education 12 

V.     Superintendent  of  Public  Instruction 13 

VI.     School   Inspection    16 

VII.     County    Superintendent   18 

VIII.     Certification  and  Duty  of  Teachers 28 

IX.     The   School  Text  Book  Law 37 

X.     County    School    District    Law 44 

XL     County   Bonds   55 

XII.     Graded   Common   Schools   58 

XIII.  Teachers'    Institute    73 

XIV.  County  and  District  Library 76 

XV.     Enforced   Attendance   77 

XVI.  Compulsory  Attendance — Cities  of  the   1st,  2nd,  3d  and 

4th    Classes    79 

XVII.     The  Child  Labor  Law 85 

XVIII.     Public  Schools  in  Cities  of  the  First  Class 93 

XIX.     Public  Schools  in  Cities  of  the  Second  Class 115 

XX.     Public  Schools  in  Cities  of  the  Third  Class 134 

XXI.     Public   Schools   in   Cities   of  the   Fourth   Class 139 

XXII.     The    State   University   146 

XXIII.  Parental  Home   and   School   Commission 164 

XXIV.  State   Normal   Schools   166 

XXV.     Kentucky  Normal  and  Industrial  Institute 179 

XXVI.     Rulings    of    the    Department ..  183 


293028 


EDUCATIONAL   PROVISIONS    OF   THE 
KENTUCKY  CONSTITUTION 

CHAPTER    1. 


§  183. — Common  Schools  to  be  Provided  For. — The  General  As- 
sembly shall,  by  appropriate  legislation,  provide  for  an  efficient  sys- 
tem of  common  schools  throughout  the  State.  (See  sec.  4363,  Ky. 
Stat) 

§  184. —  Fund  Set  Apart  for  Common  Schools — Taxation  for  A.  &  M. 
College — The  bond  of  the  Commonwealth,  issued  in  favor  of  the 
Board  of  Education,  for  the  sum  of  one  million  three  hundred  and 
twenty-seven  thousand  dollars,  shall  constitute  one  bond  of  the  Com- 
monwealth in  favor  of  the  Board  of  Education,  and  this  bond  and  the 
seventy-three  thousand  five  hundred  dollars  of  the  stock  in  the  Bank 
of  Kentucky  (now  seventy-nine  thousand  eight  hundred),  held  by  the 
Board  of  Education,  and  its  proceeds,  shall  be  held  inviolate  for  the 
purpose  of  sustaining  tne  system  of  the  common  schools.  The  inter- 
ests and  dividends  of  said  fund,  together  with  any  sum  which  may 
be  produced  by  taxation  or  otherwise  for  the  purposes  of  common 
school  education,  shall  be  appropriated  to  the  common  schools  and 
to  no  other  purpose.  No  sum  shall  be  raised  or  collected  for  educa- 
tion other  than  in  common  schools  until  the  question  of  taxation  is 
submitted  to  the  legal  voters,  and  the  majority  of  the  votes  cast  at 
said  election  shall  be  in  favor  of  such  taxation:  Provided,  The  tax 
now  imposed  for  educational  purposes,  and  for  the  endowment  and 
maintenance  of  the  Agricultural  and  Mechanical  College,  shall  remain 
until  changed  by  law.  (See  sec.  4370,  Ky.  Stat.) 

§  185. — Common  School  Funds — Investment — Interest  on — The 
General  Assembly  shall  make  provision,  by  law,  for  the  payment  of 
the  interest  of  said  school  fund,  and  may  provide  for  the  sale  of  the 
stock  in  the  Bank  of  Kentucky;  and  in  case  of  a  sale  of  all  or  any 
part  of  said  stock,  the  proceeds  of  sale  shall  be  invested  by  the  Sink- 
ing Fund  Commissioners  in  other  good  interest-bearing  stocks  or 
bonds,  which  shall  be  subject  to  sale  and  re-investment,  from  time 
to  time,  in  like  manner  with  the  same  restrictions  as  provided  with 
reference  to  the  sale  of  the  said  stock  in  the  Bank  of  Kentucky.  (See 
sec.  4370,  Ky.  Stat.) 

§  186. — Distribution  of  Fund — Surplus  Due  Counties — Each  county 
in  the  Commonwealth  shall  be  entitled  to  its  proportion  of  the  school 


PROVISIONS    OF    THE    CONSTITUTION 


fund  on  its  census  of  pupil  children  for  each  school  year;  if  the  pro 
rata  share  of  any  school  district  be  not  called  for  after  the  second 
school  year,  it  shall  be  covered  into  the  treasury  and  be  placed  to 
the  credit  of  the  school  fund  for  general  apportionment  the  follow- 
ing school  year.  The  surplus  now  due  the  several  counties  shall  re- 
main a  perpetual  obligation  against  the  Commonwealth  for  the  benefit 
of  said  respective  counties  for  which  the  Commonwealth  shall  ex- 
ecute its  bond,  bearing  interest  at  the  rate  of  six  per  centum  per 
annum,  payable  annually,  to  the  counties  respectively  entitled  to  the 
same,  and  in  the  proportion  to  which  they  are  entitled,  to  be  used 
exclusively  in  aid  of  common  schools.  (See  sec.  4375,  Ky.  Stat.) 

§  187.  —  Each  Race  to  Share  Fund  Equally  —  Separate  Schools.  —  In 
distributing  the  school  fund  no  distinction  shall  be  made  on  account 
of  race  or  color  and  separate  schools  for  white  and  colored  children 
shall  be  maintained. 

§  188.  —  School  Fund  —  Money  Received  from  United  States,  Part  of 
—  So  much  of  any  moneys  as  may  be  received  by  the  Commonwealth 
from  the  United  States  under  the  recent  act  of  Congress  refunding 
the  direct  tax  shall  become  a  part  of  the  school  fund  and  be  held  as 
provided  in  section  184;  but  the  General  Assembly  may  authorize  the 
use  by  the  Commonwealth  of  the  moneys  so  received  or  any  part 
thereof,  in  which  event  a  bond  shall  be  executed  to  the  Board  of 
Education  for  the  amount  so  used,  which  bond  shall  be  held  on  the 
same  terms  and  conditions  and  subject  to  the  provisions  of  section 
184,  concerning  the  bond  therein  referred  to.  (See  sec.  4370,  Ky. 
Stat.) 

§  189.  —  Appropriation  for  Sectarian  Purposes  Forbidden  —  No  por- 
tion of  any  fund  or  tax  now  existing,  or  that  may  hereafter  be  raised 
or  levied  for  educational  purposes,  shall  be  appropriated  to,  or  used 
by,  or  in  aid  cff,  any  church,  sectarian  or  denominational  school.  (See 
further,  Con.,  sec.  5.) 

§  155.—  School  Elections  —  Exceptions  in  Favor  of  —  The  provisions 
of  sections  145  to  154,  inclusive  (which  require  a  secret  ballot  in  all 
elections,  etc.),  shall  not  apply  to  the  election  of  school  trustees  and 
other  common  school  district  elections.  Said  elections  shall  be  reg- 
ulated by  the  General  Assembly,  except  as  otherwise  provided  in  the 
Constitution.  (Seo  sees.  4434,  4458,  Ky.  Stat.) 

§  157.  —  Municipal  Tax  Rate  —  Indebtedness  —  Submission  to  Voters 
—The  tax  rate  of  cities,  towns,  counties,  taxing  districts  and  other 
municipalities,  for  other  than  school  purposes,  shall  not,  at  any  time, 
exceed  the  following  rates  upon  the  value  of  the  taxable  property 
therein,  viz:  For  all  towns  or  cities  having  a  population  of  fifteen 
thousand  or  more,  one  dollar  and  fifty  cents  on  the  hundred  dollars; 
for  all  towns  cr  cities  having  less  than  fifteen  thousand  and  not  less 
than  ton  thousand,  one  dollar  on  the  hundred  dollars;  for  all  towns  or 
cities  having  less  than  ten  thousand,  seventy-five  cents  on  the  hun- 
dred dollars,  and  for  counties  and  taxing  districts  fifty  cents  on  the 


KENTUCKY  SCHOOL  LAWS  1914.  3 

hundred  dollars;  unless  it  should  be  necessary  to  enable  such  city, 
town,  county  or  taxing  district  to  pay  the  interest  on,  and  provide  a 
sinking  fund  for  tne  extinction  of,  indebtedness  contracted  before  the 
adoption  of  this  Constitution.  No  county,  city,  town,  taxing  district, 
or  other  municipality  shall  be<  authorized  or  permitted  to  become  in- 
debted, in  any  manner  or  for  any  purpose,  to  an  amount  exceeding,  in 
any  year,  the  income  and  revenue  provided  for  such  year,  without  the 
assent  of  two-thirds  of  the  voters  thereof,  voting  at  an  election -to- 
be  held  for  that  purpose;  and  any  indebtedness  contracted  in  viola- 
tion of  this  section  shall  be  void.  Nor  shall  such  contract  be  en- 
forceable by  the  person  with  whom  made;  nor  shall  such  municipality 
ever  be  authorized  to  assume  the  same. 

BILL    OF   RIGHTS. 

§     5. — Freedom  of  Conscience — Church   and   State — Education — No 

preference  shall  ever  bo  given  by  law  to  any  religious  sect,  society 
or  denomination ;  nor  to  any  particular  creed,  mode  of  worship  or 
system  of  ecclesiastical  polity;  nor  shall  any  person  be  compelled  to 
attend  any  place  of  worship,  to  contribute  to  the  erection  or  mainte- 
nance of  any  such  place,  or  to  the  salary  or  support  of  any  minister 
of  religion;  nor  shall  any  man  be  compelled  to  send  his  child  to  any 
school  to  which  he  may  be  conscientiously  opposed;  and  the  civil 
rights,  privileges  or  capacities  of  no  person  shall  be  taken  away,  or 
in  anywise  diminished  or  enlarged  on  account  of  his  belief  or  dis- 
belief of  any  religious  tenet,  dogma  or  teaching.  No  human  author- 
ity shall,  in  any  case  whatever,  control  or  interfere  with  the  rights 
of  conscience.  (See  further,  sec.  189,  Con.) 

LOCAL   AND    SPECIAL    LEGISLATION. 

§  59. — 'Limitations  Upon—The  General  Assembly  shall  not  pass 
local  or  special  acts  concerning  any  of  the  following  subjects,  or  for 
any  of  the  following  purposes,  namely: 

Sub.  Sec.  25 — Common  Schools — To  provide  for  the  management 
of  common  schools.  (See  Chap.  113,  Ky.  Stat.) 

CHILDREN. 

§  243.— Children— Age  at  Which  They  May  Be  Employed  to  Be 
Fixed. — The  General  Assembly  shall,  by  law,  fix  the  minimum  ages  at 
which  children  may  be  employed  in  places  dangerous  to  life  or  health, 
or  injurious  to  morals;  and  shall  provide  adequate  penalties  for  vio- 
lations of  such  law.  (See  sec.  32G,  Ky.  Stat.) 


SCHOOL  LAW 


CHAPTER  II. 
GENERAL  PROVISIONS. 

§  1. — A  Uniform  System — There  shall  be  maintained  throughout 
the  State  of  Kentucky  a  uniform  system  of  common  schools  in  ac- 
cordance with  the  Constitution  of  the  State  and  this  chapter.  (Ky. 
Stat,  Sec.  4363.) 

§  2. — Common  School  Defined — Any  Child  May  Attend — No  school 
shall  be  deemed  a  "common  school,"  within  the  meaning  of  this  chap- 
ter, or  be  entitled  to  any  contribution  out  of  the  school  fund,  unless 
the  same  has  been,  pursuant  hereto,  actually  kept,  or  is  under  con- 
tract to  be  kept,  by  a  qualified  teacher  for  six  or  more  months  in  all 
subdistricts  during  the  same  school  year,  and  at  which  every  child 
residing  in  the  district  between  the  ages  of  six  and  twenty  years,  has 
had  the  privilege  of  attending,  whether  contributing  towards  defray- 
ing the  expenses  or  not:  Provided,  That  nothing  herein  shall  prevent 
any  person  from  attending  the  common  school  who  will  obtain  the 
consent  of  the  trustees  and  the  teachers  and  pay  the  required  tuition 
feos.  In  order  that  each  child  of  the  Commonwealth  may  enjoy  the 
benefits  of  a  six  montns'  school,  the  Superintendent  of  Public  In- 
struction shall  for  each  school  year  apportion  the  fund  for  each 
county  having  one  or  more  subdistricts  of  less  than  fifty  pupil  children 
as  follows:  He  shall  apportion  to  each  district,  without  regard  to 
school  population,  the  per  capita  of  fifty  pupil-children,  both  from  the 
fund  derived  from  the  State  and  the  interest  on  the  county  bond,  if 
any,  and  pro  rate  the  remainder  of  the  fund  among  the  districts 
having  more  than  fifty  such  children.  Provided,  That  any  fractional 
balance  shall  be  omitted  in  computing  the  said  per  capita,  and  that 
the  aggregate  of  fractional  balances  shall  be  credited  to  the  respec- 
tive counties,  and  be  taken  into  account  the  following  year.  (Ky. 
Stat,  Sec.  4364,  as  changed  by  an  act  1908.)  (The  act  of  1912  has 
probably  repealed  a  part  of  this  section.) 

§  3. — School  Year — The  school  year  shall  begin  on  the  first  day 
of  July  and  end  on  the  thirtieth  of  June.  (Ky.  Stat.,  Sec.  4365.) 

§  4. — School  Month — School  Day — Assistant  Teachers — Twenty 
school  days,  or  days  in  which  teachers  are  actually  employed  in  the 
school  room,  shall  constitute  a  school  month  in  the  common  schools  of 
the  State;  but  no  teacher  shall  teach  on  Saturdays.  Teachers  shall 
have  the  benefit  of  only  such  legal  holidays  as  they  actually  observe. 


KENTUCKY  SCHOOL  LAWS  1914.  5 

Six  hours  of  actual  work  in  the  school  room  shall  constitute  a  school 
day;  and  under  no  circumstances  shall  the  daily  session,  including 
recesses  and  intermissions,  exceed  nine  hours  in  length.  When  the  at- 
tendance exceeds  fifty,  the  teacher  may  employ,  during  such  attend 
ance,  an  assistant,  whose  scholarship  and  competency  shall  be  ac- 
ceptable to  the  division  board  of  his  educational  division.  When 
the  school  shall  require  an  assistant  to  serve  regularly  at  a  salary 
such  assistant  shall  hold  a  certificate  of  qualification  and  be  -e*n«- 
ployed  by  the  division  board  of  his  educational  division.  (Ky.  Stat, 
Sec.  4366,  as  changed  by  Act  1908.) 

§  5. — (Regulations  for  Schools — Penalties — All  pupils  who  may  be 
admitted  to  common  schools  shall  comply  with  the  regulations  estab- 
lished in  pursuance  of  law  for  the  government  of  such  schools.  Willful 
disobedience  or  defiance  of  the  authority  of  the  teachers,  habitual  pro- 
fanity or  vulgarity,  or  other  gross  violation  of  propriety  or  law,  shall 
constitute  good  cause  for  suspension  or  expulsion  from  school.  (Ky. 
Stat,  Sec.  4367.) 

§  6. — Forbidden  Publications  and  Doctrines — No  books  or  other 
publications  of  a  sectarian,  infidel,  or  immoral  character,  shall  be  used 
or  distributed  in  any  common  school;  nor  .shall  any  sectarian,  infidel 
or  immoral  doctrine  be  taught  therein.  (Ky.  Stat.,  Sec.  4386.) 

§  7. — Conditions  for  Graduation — Whenever  a  pupil  of  any  com- 
mon school  shall  have  faithfully  completed  the  prescribed  course  of 
study,  shall  have  passed  a  proper  examination  before  the  County 
Board  of  Examiners,  on  a  series  of  questions  prescribed  by  the 
State  Board  of  Examiners  and  paid  to  the  said  county  board  an  ex- 
amination fee  of  one  dollar,  he  shall  be  entitled  to  a  certificate  of  such 
completion  and  examination,  'signed  by  said  county  board,  and  approv- 
ed by  the  Superintendent  of  Public  Instruction  who  shall  affix  thereto 
his  official  seal.  The  Superintendent  of  Public  Instruction  shall  pre- 
pare a  proper  form  for  said  certificate.  One  such  examination  shall 
be  held  in  each  county  on  the  last  Friday  and  Saturday  in  January, 
and  another  on  the  second  Friday  and  Saturday  in  May  of  each 
year.  (Ky.  Stat.,  Sec.  4369.) 

§  8.— Intoxicating  Liquors  Not  to  be  Sold.— That  no  person  shall 
sell  or  otherwise  dispose  of  any  spirituous,  vinous  or  malt  liquors 
within  four  hundred  feet  of  the  campus  or  grounds  of  any  normal 
school  or  university  maintained  in  whole  or  in  part  by  the  Common- 
wealth of  Kentucky.  Any  person  offending  against  the  provision 
hereof  shall,  for  each  offense,  be  fined  not  less  than  ten  dollars  nor 
more  than  fifty  dollars,  or  confined  in  the  county  jail  for  any  length 
of  time  not  to  exceed  twenty-five  days,  either  or  both  so  fined  and 
imprisoned,  in  the  discretion  of  the  court  or  jury  trying  the  case. 
(Acts  of  1912.) 


6  GENERAL   PROVISIONS. 

SCHOOL  SUFFRAGE  FOR  WiOMEN. 
ACTS   OF   1912. 

§  9. — Qualifications — That  all  women  possessing  the  legal  qualifi- 
cations required  of  male  voters  in  any  common  school  election,  and 
who  in  addition  are  able  to  read  and  write,  shall  be  qualified  and  en- 
titled to  vote  at  all  elections  of  school  trustees  and  other  school  offi- 
cers required  to  be  elected  by  the  people,  and  upon  all  school  measures 
or  questions  submitted  to  a  vote  of  the  people;  and  all  women  possess- 
ing the  legal  qualifications  required  as  to1  males  shall  be  eligable  to 
hold  any  school  office  or  office  pertaining  to  the  management  of 
school.  Provided,  however,  that  this  act  shall  not  apply  to  any  elec- 
tion the  qualifications  of  the  voters  at  which  are  otherwise  prescribed 
by  the  Constitution  nor  to  any  office  as  to  which  the  Constitution 
otherwise  prescribes  the  qualifications  of  the  persons  eligible  thereto. 

§  10f — Registration.— In  all  places  where  a  registration  of  the 
Qualified  voters  is  now  or  may  hereafter  be  required,  women  who  are, 
by  this  act,  qualified  to  vote  shall  be  registered  at  the  same  time  and 
'  place  by  the  same  officers  and  in  the  same  manner  as  male  vot- 
ers; their  registration,  however,  being  made  in  a  separate  book  to  be 
furnished  by  the  county  clerk  as  is  prescribed  by  law  in  the  case  of 
male  voters.  And  all  the  provisions  of  law  relating  to  the  registra- 
tion of  male  voters  are  hereby  made  applicable  to  the  registration  of 
women  qualified  to  vote  by  this  act. 

§  11. — Separate  Ballots — When  the  elections  referred  to  in  Sec- 
tion 1  of  this  act  are  held  on  the  same  day  with  the  State,  county  or 
city  elections,  separate  ballots  similar  to  those  required  in  other  elec- 
tions, except  that  they  contain  only  the  names  of  candidates  for  school 
officers  or  questions  relating  to  schools,  shall  be  provided  for  women 
voters  qualified  under  this  act;  otherwise  the  elections  shall  be  held 
according  to  the  provisions  of  the  general  election  laws.  (Acts  of  1912.) 

ILLITERACY  COMMISSION. 

(Act  of  1914) 

lla.  Commission  Appointed  by  Governor. — That  there  is  hereby, 
created  a  commission  to  be  known  as  "The  Kentucky  Illiteracy  Com- 
mission," which  shall  be  composed  of  five  persons,  both  men  and 
women,  including  the  Superintendent  of  Public  Instruction,  who  shall 
be  ex-officio  a  member  thereof.  Said  commissioners  shall  be  appointed 
by  the  Governor  of  the  Commonwealth  and  shall  be  selected  for  their 
fitness,  ability  and  experience  in  matters  educational  and  their  ac- 
quaintance with  the  conditions  of  adult  illiteracy  in  the  State  of  Ken- 
tucky and  its  various  communities.  Two  of  said  commissioners  shall 
bold  office  for  two  years  and  two  for  four  years  from  the  date  of 
.their  first  appointment  by  the  Governor;  after  which  all  of  said  com- 
missioners shall  hold  for  a  period  of  four  years,  but  the  term  of  two 


KENTUCKY  SCHOOL  LAWS  1914.  7 

of  them  shall  expire  biennially.  Any  and  all  vacancies  occuring  in 
said  commission  shall  be  filled  for  the  unexpired  term  by  the  Gover- 
nor. Said  commissioners,  or  any  of  them,  may  be  removed  at  anj> 
time  for  cause. 

lib.  Commission  Cody  Corporate—Officers  to  be  Elected. — The 
members  of  said  commission  and  their  successors  in  office  shall  be 
and  are  hereby  constituted  a  body  corporate  with  all  the  powers  "necF 
essary  to  carry  into  effect  all  the  purposes  of  this  Act.  Said  com- 
missioners, after  their  appointment  and  qualification,  shall  adopt  a 
seal  and  organize  by  electing  from  their  membership  a  President, 
Secretary  and  Treasurer  to  serve  for  a  period  of  two  years,  or  until 
their  successors  are  elected  and  qualified,  but  the  same  person  may 
be  elected  to  serve  both  as  Secretary  and  Treasurer  of  the  commis- 
sion, but  said  Secretary  and  Treasurer,  whether  or  not  the  office  bo 
united  in  one  person,  shall  execute  a  bond  to  the  Commonwealth  of 
Kentucky  for  the  faithful  performance  of  the  trusts  of  their  offices, 
for  the  proper  handling  and  accounting  of  all  the  properties,  assets 
and  moneys  which  may  come  into  their  hands  by  virtue  of  their  offices, 
and  in  such  amount  and  in  such  form  and  with  such  sureties  as  the 
commission  shall  approve.  Said  Secretary  or  Treasurer  may  at  any 
time  be  removed  and  a  successor  be  appointed  .by  said  commission 
in  its  discretion. 

lie.  Commission  to  Select  Place  of  Business. — Said  commission 
may  establish  a  permanent  place  for  its  meetings  and  shall  in  such 
place  have  an  office  which  shall  be  kept  open  at  such  regular  times 
as  the  commission  may  prescribe  for  the  transaction  of  its  business, 
and  a  majority  of  said  commission  shall  constitute  a  quorum. 

lid.  Data  to  be  Collected  and  Distributed. — It  shall  be  the  duty 
of  said  commission,  and  it  shall  have  the  power,  to  make  research, 
collect  data  and  statistics,  and  procure  surveys  of  any  and  all  com- 
munities, districts  or  vicinities  of  the  State  looking  to  the  obtaining 
of  a  more  detailed,  definite  and  particular  knowledge  as  to  the  true 
conditions  of  the  State  with  regard  to  its  adult  illiteracy,  and  report 
regularly  the  results  of  its  labors  to  the  General  Assembly;  and  to 
interest  persons  and  institutions  in  the  dispensation  of  any  and  all 
funds  and  endowments  of  whatsoever  kind  which  will  or  may  aid  in 
the  elimination  of  the  adult  illiteracy  of  the  State  and  to  do  or  per: 
form  any  other  act  which  in  their  discretion  will  contribute  to  the 
elimination  of  the  State's  adult  illiteracy  by  means  of  education,  in- 
struction and  enlightenment;  and  said  commission  shall  be  empowered 
to  receive,  accept,  hold,  own,  distribute  and  expend  to  the  end  of  edu- 
cating, instructing,  enlightening  and  assisting  in  the  education,  in- 
struction and  enlightenment  of  illiterate  persons  in  the  State  of  Ken- 
tucky, any  and  all  funds  or  any  other  thing  of  value,  with  which  it 
may  be  endowed  or  may  otherwise  receive,  and  in  the  expenditure 
and  disbursement  thereof,  said  commission  shall  be  controlled  by  such 
expedient  and  discreet  regulations  as  it  may  from  time  to  time  adopt; 


8  SCHOOL  FUND. 

provided,  however,  that  any  and  all  funds  which  may  come  to  the 
hands  of  said  commission  shall  be  expended  in  keeping  with  the  gen- 
eral purposes  of  this  Act. 

lie.  Commission  to  Adopt  Rules. — Said  commission  shall  adopt 
such  rules  and  regulations  as  may  seem  expedient  to  it  for  the  carry- 
ing on  of  its  business  in  the  manner  which  shall  seem  to  it  most  sys- 
tematic and  satisfactory. 

llf.  Members  of  Commission  Receive  No  Salary — Expenses  to  Be 
Paid. — The  members  of  this  commission  shall  receive  no  compensa- 
tion for  their  services,  but  they  shall  be  reimbursed  out  of  any 
funds  which  shall  come  into  the  hands  of  the  commission  for  the  use 
of  said  commission,  for  their  actual  expenses  incurred  in  the  per- 
formance of  their  duties,  same  to  be  paid  monthly,  upon  vouchers 
duly  approved  by  the  commission,  signed  by  the  Secretary  and  coun- 
tersigned by  the  President. 


CHAPTER    III. 
SCHOOL    FUND. 

§  12. — School  Fund— The  school  fund- shall  consist  of  the  fund 
dedicated  by  the  Constitution  and  laws  of  this  Commonwealth  for  the 
purpose  of  sustaining  a  system  of  common  schools  therein:  (1)  The 
interest  on  the  bond  of  the  Commonwealth  for  one  million  three  hun- 
dred and  twenty-seven  thousand  dollars  ($1,327,000.00)  in  aid  of  com- 
mon schools,  at  the  rate  of  6  per  cent  per  annum,  payable  semi- 
annually  on  the  first  day  of  January  and  July  of  each  year.  (2)  The 
dividends  on  seven  hundred  and  thirty-five  (now  seven  hundred  and 
ninety-eight)  shares  of  the  capital  stock  of  the  Bank  of  Kentucky 
representing  a  par  value  of  seventy-three  thousand  five  hundred  dol- 
lars (now  seventy-nine  thousand  eight  hundred)  owned  by  the  State. 
The  surplus,  three  hundred  and  eighty-one  thousand  nine  hundred  and 
eighty-six  dollars  and  eight  cents  ($381,986.08),  now  due  the  several 
counties,  and  remaining  a  perpetual  obligation  against  the  Common- 
wealth for  the  benefit  of  said  respective  counties  for  which  the  Com- 
monwealth shall  execute  its  bond,  bearing  interest  at  the  rate  of  6 
per  cent  per  annum,  payable  annually  on  the  first  day  of  July  to  the 
counties  respectively  entitled  to  the  same,  and  in  the  proportion  to 
which  they  are  entitled,  to  be  used  exclusively  in  aid  of  common 
schools.  Said  bond  shall  be  executed  by  the  Governor  and  attested 
by  the  Secretary  of  State  for  and  on  behalf  of  the  Commonwealth  of 
Kentucky,  and  when  said  bond  is  executed  the  old  bond  for  three  hun- 
dred and  seventy-eight  thousand  nine  hundred  and  forty-six  dollars 
and  seventy-one  cents,  being  part  of  said  bond,  shall  be  cancelled  and 
destroyed.  (4)  The  interest  at  6  per  cent  per  annum,  payable  semi- 
annually,  on  the  first  day  of  January  and  July,  on  six  hundred  and  six 
thousand,  six  hundred  and  forty-one  dollars  and  three  cents 


KENTUCKY  SCHOOL  LAWS  1914.  9 

($606,641.03),  received  from  the  United  States  under  an  act  approved 
March  2,  1891,  for  which  the  Commonwealth  has  executed  bond  pursu- 
ant to  an  act  approved  March  12,  1892.  (5)  The  annual  tax  of  twenty- 
six  and  one-half  cents  on  each  one  hundred  dollars  of  value  of  all  real 
and  personal  estate  and  corporate  franchises  directed  to  be  assessed 
for  taxation.  (6)  Such  portions  of  fines,  forfeitures  and  licenses  which 
may  be  realized  by  the  State  as  the  amount  of  taxes  for  common, 
school  purposes  bears  to  the  whole  State  tax  other  than  for  the  bene- 
fit of  the  Agricultural  and  Mechanical  College.  (Ky.  Stat,  Sec.  4370.) 

§  13. — Claims  for  Damage  to  Sheep — Surplus  to  Credit  of  County 
School  Fund — At  each  meeting  of  the  fiscal  court  the  claims  for  loss 
or  damage  to  sheep,  which  have  been  filed  not  less  than  thirty  days 
prior  to  such  meeting,  shall  be  taken  up  and  considered,  and  rejected, 
or,  if  correct  and  just,  allow  the  same,  or  such  parts  thereof  as  may 
be  deemed  right:  Provided,  That  the  fiscal  court  may  require  addi- 
tional evidence  on  any  such  claims,  either  by  oral  testimony  or  affi- 
davits. Such  claims  as  are  allowed  shall  be  filed  with  the  Auditor, 
who  shall,  after  the  first  of  January  of  each  year,  take  up  all  such 
claims  by  counties,  and  draw  his  warrants  upon  the  Treasurer  in 
favor  of  claimant  for  the  amount  allowed  by  the  fiscal  court:  Provided, 
If  the  amount  of  the  dog  tax  fund  to  the  credit  of  any  county  be  not 
sufficient  to  pay  all  claims  for  such  county,  the  Auditor  shall  pro 
rate  the  claims  from  such  county.  Any  surplus  remaining  to  the 
credit  of  a  county  after  all  such  claims  are  allowed  shall  be  trans- 
ferred to  the  credit  of  the  school  fund  of  such  county.  (Ky.  Stat., 
Sec.  68a,  sub-section  4.)  (This  section  has  probably  been  repealed  in 
part  by  the  Acts  of  1912.) 

§  14. — Entire  Annual  Resources — How  Appropriated— The  forego- 
ing shall  constitute  the  annual  resources  of  the  school  fund  of  Ken- 
tucky, and  shall  be  paid  into  the  treasury,  and  shall  not  be  drawn  out 
or  appropriated,  except  to  pay  the  expenses  of  the  State  Department 
of  Education  of  whatever  character  or  kind,  and  in  aid  of  common 
schools,  as  provided  in  this  chapter.  (Ky.  Stat.,  Sec.  4371.) 

§  15. — use  of  Fund  and  its  Revenue — Except  as  otherwise  ex- 
pressly provided  in  this  chapter,  no  part  of  the  common  school  fund, 
or  of  the  revenue  thereof,  shall  be  used  for  any  other  purpose  than  the 
payment  of  teachers  of  common  schools,  legally  qualified  and  em- 
ployed in  pursuance  thereof.  (Ky.  Stat.,  Sec.  4372.) 

§  16. — Duty  of  Auditor — The  Auditor  shall  keep  the  accounts  in 
relation  to  this  fund.  He  shall,  once  in  each  month,  make  a  transfer 
to  the  credit  of  said  fund  of  all  receipts  into  the  treasury,  with  the 
source  of  each  item,  for  the  benefit  of  the  common  schools  up  to  the 
date  of  such  transfer.  He  shall  allow  no  expenditures  on  that  ac- 
count beyond  the  annual  revenue  of  the  fund,  and  shall  see  that  no 
county  draws  more  than  its  proper  proportion.  (Ky.  Stat.,  Sec.  4373.) 

§  17. — Distribution  of  Net  Revenue — The  net  revenue  of  the  fund 
accruing  during  each  school-year  shall  constitute  the  sum  to  be  dis- 


i  SCHOOL  FUND. 

trituted.  But  no  fees  to  county  judges  or  clerks,  discount  on  checks, 
or  other  incidental  expenses,  shall  be  paid  out  of  the  distributable 
share  of  the  revenue  apportioned  to  any  county;  but  such  payment, 
when  allowed  by  the  fiscal  court,  shall  be  made  out  of  the  county 
levy.  (Ky.  Stat.,  Sec.  4374.) 

§     18. — Estimate— Pro    Rata   Apportionment — Second   Year   Fund — 
Extended  School  Term  and  Supplement  Salary  of  Teacher — Surplus — 
The  Superintendent  of  Public  Instruction  shall,  on  or  before  the  fif- 
teenth day  of  July  in  each  year,  ascertain  and  estimate  for  the  school 
year  the  pro  rata  share  to  which  each  pupil-child  will  be  entitled,  ac- 
cording to  the  whole  number  of  such  children  residing  in  each  county 
arid  each  school  district  respectively,  as  shown  by  the  returns  of  the 
County  Superintendent.     If  at  the  time  of  making  such  estimate  and 
apportionment,    the    census    returns    of    the    superintendent    for    any 
county  nave  not  been  made  to  him,  he  shall  use  the  census  returns 
made  for  the  previous  year.     It,  shall  be  the  duty  of  the  Auditpr  to 
furnish  the  Superintendent  of  Public  Instruction  such  data  as  may  be 
needed  in  making  such  estimate  and  apportionment.     It  shall  be  the 
duty  of  the  Superintendent  of  Public  Instruction,  as  soon  as  practi- 
cable, to  file  such  a  copy  of  said  estimate  and  apportionment  with  the 
Auditor,  and  to  inform  each  county  superintendent  of  the  amount  to 
which  each  school  subdistrict  of  his  county  shall  be  entitled.     What- 
ever   difference    may    exist   'between    the    estimated    and    the    actual 
revenue  of  the  school  fund  for  any  school  year  shall  be  taken  into 
the  account  of  the  estimate   and   apportionment  for  the   succeeding 
school  year.     If  the  pro  rata  share  of  any  school  be  not  called  for 
after  the  second  school  year,  it  shall  be  covered  into  the  treasury  and 
be  placed  to  the  credit  of  the  school  fund  for  general  apportionment 
the  following  school  year.    When  any  school  subdistrict  in  any  school 
year  shall  have  failed  to  use  all  or  any  part  of  the  money  due  it  for 
such  school  year  such  subdistrict  shall  be  entitled  to  said  money  for 
the  next  school  year,  which  money  shall  be  used  either  to  extend  the 
school  term  or  to  supplement  the  salary  of  the  teacher  or  teachers 
employed  to  teach  such  school  as  may  be  agreed  upon  by  trustees  of 
such   subdistrict    and    the     teacher  or  teachers   employed   to   teach 
therein;    provided,  however  that  any  contract  or  agreement  for  the 
use  of  any  money  not  used  in  any  previous  school  year  shall  be  ap- 
proved by  the  County  Superintendent  of  Common  Schools.    A  detailed 
statement  of  the   surplus   amount  to  which  each   county  is  entitled 
shall  be  made  out  by  the  Superintendent  of  Public  Instruction  and 
filed  and  preserved  in  his  office.   The  bonded   surplus  in  the  State 
treasury  to  the  credit  of  the  counties  shall  bear  interest  at  the  rate  of 
six  per  cent  per  annum,  and  the  per  capita  derived  from  said  interest 
shall  be  duly  apportioned  to  the  white  and  the  colored  schools  of  the 
county  respectively,  and  be  paid  as  provided  in  the  following  section: 
Provided,   That  when  any   county  heretofore   established   out   of  the 
territory  belonging  to  a  county  or  counties  having  a  surplus  which 
has  not  been  apportioned  among  said  counties,  and  when  any  new 


KENTUCKY  SCHOOL  LAWS  1914.  11 

county  shall  hereafter*  be  established  out  of  territory  belonging  to  a 
county  or  counties  having  such  a  surplus,  then  the  Superintendent 
of  Public  Instruction  shall  apportion  such  surplus  among  the  original 
and  new  counties  in  an  equitable  manner.  (Ky.  Stat.,  Sec.  4375,  as 
amended  by  act  of  General  Assembly  1908.) 

(The  act  of  1912  has  probably  repealed  certain  parts  of  this_sec- 
tion.) 

§  19. — Successive  Warrants — Distributing  School  Fund — Pay  Rolls 
— Funds  if  Insufficient  Must  Be  Distributed  Proportionately  Impar- 
tial iy. — For  each  school  year  the  Auditor  of  Public  Accounts  shall,  on 
the  successive  warrants  of  the  Superintendent  of  Public  Instruction,  -dis- 
tribute- the  amount  of  the  school  fund  due  each  County  Superintend- 
ent of  Common  Schools,  and  the  amount  due  each  city,  town  or  vil- 
lage organized  as  one  district  to  the  Treasurer  of  the  School  Board 
thereof,  as  follows:  On  or  before  the  first  of  October,  one-sixth  of  the 
whole  amount;  on  or  before  the  first  of  November,  one-sixth  of  the 
whole  amount;  on  or  before  the  first  day  of  December,  two-sixths  of 
the  whole  amount;  on  or  before  the  first  of  January,  one-sixth  of  the 
whole  amount,  and  on  or  before  the  first  of  February,  the  residue, 
including  the  undistributed  surplus:  Provided,  That  if  on  the  first  day 
of  October,  November  or  December,  the  amount  in  the  treasury  to  the 
credit  of  the  school  fund  be  insufficient  to  admit  of  a  full  distribu- 
tion of  the  proportion  required  by  this  act,  then  the  Auditor  of  Public 
Accounts  shall,  upon  the  successive  warrants  of  the  Superintendent 
of  Public  Instruction,  distribute  the  amount  of  the  school  fund  then 
on  hand  proportionately,  without  preference  or  partiality,  to  all  the 
school  districts  in  the  State  as  heretofore  directed,  and  in  no  event 
shall  any  school  subdistrict  entitled  to  participate  be  omitted  or  ex- 
cluded in  any  distribution,  or  a  further  distribution  be  made  to  any 
district  or  subdistrict  until  all  other  subdistricts  have  been  made 
equal  on  any  previous  distribution  theretofore  made.  (Ky.  Stat,  Sec. 
4376,  as  amended  by  act  of  General  Assembly,  1904.) 

§  19a. — School  Term  May  Be  Increased. — That  whenever  the  State 
Superintendent  of  Public  Instruction  shall  declare  a  per  capita  not 
less  than  $4.75  nor  more  than  $5.35  per  each  child  in  Kentucky  be- 
tween the  ages  of  six  and  twenty  years,  who  are  entitled  to  same,  the 
school  term  for  the  common  schools  of  the  State  of  Kentucky  shall 
be  extended  from  six  to  seven  months,  and  when  said  per  capita  is 
declared  to  be  over  $5.35,  said  term  shall  be  extended  to  eight  months. 
The  declaration  of  said  per  capita  as  above  alone  extending  said  term, 
but  in  no  event  shall  the  term  be  less  than  six  months,  as  now  re- 
quired by  law. 

When  the  school  term  is  extended  to  seven  months,  the  school 
fund  for  that  year  shall  be  divided  into  seven  equal  installments, 
and  when  extended  to  eight  months,  into  eight  equal  installments. 
The  first  six  installments  are  to  be  paid  at  same  dates  as  now  re- 
quired by  law  for  six  month  schools,  and  when  the  term  is  only 
seven  months,  the  last  month  shall  be  paid  for  on  the  second  Saturday 


32  STATE  BOARD  OF  EDUCATION. 

in  March  of  each  year,  and  when  eight  months,  the  two  last  months 
shall  be  paid  for  the  second  Saturday  of  March  and  the  second  Sat- 
urday of  April,  respectively. 

All  laws  and  parts  of  laws  in  conflict  with  this  act  are  hereby 
repealed.     (Acts  of  1914.) 


CHAPTER  IV. 
STATE  BOARD  OF  EDUCATION. 

§  20. — Wow  Constituted. — The  Superintendent  of  Public  Instruc- 
tion, together  with  the  Secretary  of  State  and  Attorney-General,  shall 
constitute  the  State  Board  of  Education.  The  board  thus  constituted 
shall  be  a  body  politic  and  corporate  by  the  name  and  style  of  the 
Kentucky  State  Board  of  Education.  (Ky.  Stat.,  Sec.  4377.) 

§  21. — Bowers  as  to  Real  and  Personal  Estate — Custodian  of  Evi- 
dences— The  corporation  shall  take,  hold  and  dispose  of  real  or  per- 
sonal estate  for  the  benefit  of  the  common  schools  of  the  State.  The 
bonds,  certificates  of  stock,  and  other  evidences  of  property  held  by 
the  board  for  common  school  purposes  shall  be  in  the  custody  of 
the  chairman,  and  the  place  of  deposit  shall  be  shown  by  the  records 
of  the  board.  (Ky.  Stat.,  Sec.  4378.) 

§  22.— Chairman — Quorum^The  Superintendent  of  Public  In- 
struction shall  be  chairman  of  the  board,  and,  with  one  other  mem- 
ber, may  control  its  corporate  action  at  any  regular  or  called  meet- 
ing of  the  board,  of  which  all  the  members  shall  have  had  timely 
notice  in  writing.  (Ky.  Stat,  Sec,  4379.) 

§  23. — Meetings — How  Called. — The  board  shall  meet  only  on  writ- 
ten call  of  the  chairman.  (Ky.  Stat.,  Sec.  4380.) 

§  24. — Corporate  Acts — The  corporate  acts  of  the  board  shall  be 
attested  by  the  signature  of  the  chairman,  and  his  private  seal  shall 
stand  in  lieu  of  a  corporate  seal.  (Ky.  Stat.,  Sec.  4381p 

§  25.— Standing  Committee. — The  State  Board  of  Education  shall 
constitute  a  standing  committee,  who  shall  prepare  rules,  by-laws  and 
regulations  for  the  government  of  the  common  schools  of  the  State, 
which  shall  be  adopted  and  enforced  under  the  authority  and  direc- 
tion of  the  county  superintendents,  trustees  and  teachers;  shall  pre- 
scribe regulations  for  the  management  of  county  teachers'  libraries, 
and  prepare  suitable  lists  of  books  for  subdistrict  libraries  with  regu- 
lations for  the  management  thereof;  shall  prescribe  and  publish  a 
public  graded  course  of  study  for  the  common  schools  specifying  the 
order  of  studies,  and  the  time  to  be  allotted  to  each,  which  course  of 
study  shall  be  observed  by  the  teacher  and  enforced  by  the  trustees. 
(Ky.  Stat.,  Sec.  4382.) 

§  26. — Course  of  Study — The  instruction  prescribed  by  the  board 
shall  embrace  spelling,  reading,  writing,  arithmetic,  English  grammar,, 
English  composition,  geography,  physiology  and  hygiene,  civil  govern- 


KENTUCKY  SCHOOL  LAWS  1914.  13 

ment,  United  States  history  and  the  history  of  Kentucky.  After  July 
1,  1893,  the  nature  and  effects  of  alcoholic  drinks  and  narcotics  upon 
the  human  system  shall,  in  all  schools  supported  wholly  or  in  part 
by  the  State,  be  taught  as  thoroughly  as  other  required  studies  to  all 
pupils  studying  physiology  and  hygiene  as  a  part  of  this  branch.  (Ky. 
Stat.,  Sec.  4383.) 


CHAPTER  V. 
SUPERINTENDENT    OF    PUBLIC     INSTRUCTION. 

§  27. — Oath — Bond— Beginning  of  Term — The  Superintendent  of 
Public  Instruction  shall  take  the  oath,  and  enter  upon  the  duties  of 
his  office,  on  the  first  Monday  in  January  after  his  election,  and  shall 
give  bond  to  the  Commonwealth,  with  good  security,  for  the  faithful 
performance  of  his  duties  to  be  approved  by  the  Governor,  with  at 
least  twenty-five  thousand  dollars,  the  bond  to  be  filed  in  the  office  of 
the  Secretary  of  State.  (Ky.  Stat.  Sec.  4384). 

§  28. — Salary — Office  Supplies — Clerks — His  salary  shall  be  two 
thousand  five  hundred  dollars  per  annum;  besides  which,  he  shall  be 
entitled  to  all  office  fixtures,  stationery,  books,  postage,  fuel  and 
lights  needed  to  carry  on  the  work  of  his  office.  He  shall  have  power 
to  appoint  three  clerks,  namely:  A  chief  clerk,  whose  salary  shall  be 
fifteen  hundred  dollars  per  annum,  a  first  clerk  whose  salary  shall  be 
one  thousand  dollars  per  annum,  and  a  second  clerk,  whose  salary 
shall  be  eight  hundred  and  fifty  dollars  per  annum;  said  salaries  to 
be  paid  monthly  out  of  the  common  school  fund.  (Ky.  Stat.  Sec. 
4385.) 

§  29.— State  Board  of  Examiners — The  Superintendent  of  Public 
Instruction  shall  appoint  two  professional  educators,  who,  together 
with  himself,  shall  constitute  a  State  Board  of  Examiners,  who  shall 
examine  all  applicants,  personally  applying  to  them  for  certificates  of 
qualifications  as  county  superintendents  or  for  State  diplomas  or 
State  certificates.  The  said  Board  of  Examinors  shall  prepare  the 
series  of  questions  for  the  examination  of  candidates  for  county  super- 
intendents, as  provided  in  section  49  of  this  chapter,  and  also  the  dif- 
ferent series  of  questions  for  the  examination  of  teachers  as  provided 
in  section  79  of  this  chapter  and  before  forwarding  to  the  county 
superintendents  shall  submit  all  of  the  said  series  to  the  State  Board 
of  Education  for  their  approval.  (Ky.  Stat.  Sec.  4386.) 

§  30. — Office  and  Work — He  shall  keep  his  office  at  the  seat  of 
government  in  such  suitable  buildings  as  may  be  provided,  and  shall 
devote  his  entire  time  and  attention  to  the  duties  of  his  office.  (Ky. 
Stat.,  Sec.  4387.) 

§  31. — Accounts — Settlements — Changes  of  County  Superintendent 
—He  shall  keep  an  account  of  all  the  orders  drawn  or  countersigned 
by  him  on  the  auditor;  of  all  the  returns  of  settlements  and  of  all 


14  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

changes  in  the  office  of  county  superintendents,  which  shall  be  fur- 
nished to  the  auditor  whenever  required.  (Ky.  ;Stat.  Sec.  4388.) 

§  32. — Bienn.ial  Report. — He  shall,  biennially,  on  or  before  the 
meeting  of  the  General  Assembly,  make  report  of  the  condition,  pro- 
gress and  prospects  of  the  common  schools;  the  amount  and  condition 
of  the  school  fund;  how  its  revenue  for  the  two  previous  school  years 
has  been  distributed;  the  amount  produced  and  disbursed  for  com- 
mon school  purposes  from  local  taxation  or  other  sources  and  how 
and  for  what  the  same  was  expended;  an  abstract  of  the  counfcy  super- 
intendent's reports,  the  practicable  working  of  the  common  school  sys- 
tem of  the  State,  with  suggestions  as  to  any  alterations  it  may  re- 
quire; all  of  which,  together  with  such  other  facts,  statistics  and  in- 
formation as  may  be  deemed  of  interest  to  be  known,  he  shall  de- 
liver to  the  contractor  for  the  public  printing,  and  cause  to  be  printed 
a  copy  for  each  school  district,  and  for  each  county  and  city  super- 
intendent of  schools  in  the  State,  seven  hundred  and  fifty  copies  for 
the  use  of  the  members  of  the  General  Assembly  and  for  exchange 
with  the  Superintendents  of  Public  Instruction  of  other  States,  and 
five  hundred  copies  for  distribution  by  the  Superintendent,  according 
to  his  discretion.  (Ky.  Stat.  -Sec.  4389.) 

§  33. — Educational  Charitable  Institutions — The  Superintendent, 
in  his  report,  shall  set  forth  the  objects,  methods  of  admission,  and 
other  general  information  concerning  the  institutions  for  the  blind, 
the  deaf  and  dumb,  and  the  feeble-minded;  and,  to  aid  him  in  his 
work,  the  superintendents  of  those  institutions  shall  be  required  an- 
nually by  the  first  day  of  September  to  furnish  the  Superintendent 
of  Public  Instruction  with  such  condensed  statement  of  their  respec- 
tive institutions  as  it  would  be  profitable  to  publish.  (Ky.  Stat.,  Sec. 
4390.) 

§  34. — Of  Certified  Copies  of  Records,  etc. — Copies  of  records  and 
papers  in  his  office,  certified  by  him,  shall  in  all  cases  be  evidence 
equally  with  the  originals.  (Ky.  Stat.  /Sec.  4391.) 

§  35. — blanks — Official  Documents — Instructions. — He  shall  pre- 
pare suitable  blanks  for  reports,  registers,  certificates,  notices,  and 
such  other  official  documents  as  may  be  provided  for  in  this  chapter 
and  shall  cause  the  same,  with  such  instructions  and  information  as 
he  may  deem  necessary  to  a  proper  understanding  and  use  of  them,  to 
be  transmitted  to  the  officers  and  persons  intrusted  with  the  execu- 
tion of  the  provisions  of  the  school  law.  (Ky.  Stat.  Sec.  4392.) 

§  36. — Shall  Biennially  Edit  Laws— The  Superintendent  of  Public 
Instruction  shall  biennially  collect,  arrange  for  publication  and  index 
the  school  laws,  omitting  all  that  has  been  repealed  and  inserting  in 
its  proper  place  that  which  is  amendatory.  (Ky.  Stat.  Sec.  4393.) 

§  37. — Report  Neglect  of  Duty,  etc. — It  shall  be  his  duty  to  report 
any  neglect  of  duty,  of  any  misappropriations  of  common  school  funds 
on  the  part  of  the  county  superintendents  or  trustees  of  common 
schools  in  this  Commonwealth  to  the  county  attorney,  whose  duty  it 


KENTUCKY  SCHOOL  LAWS  1914.  15 

shall  be,  whenever  such  neglect  of  duty  or  misappropriation  of  funds 
shall  come  to  his  knowledge,  to  prosecute  such  person  in  the  circuit 
court  of  the  county.  (Ky.  Stat.  Sec.  4394.) 

§  38. — Publications  for  Annual  Distribution — He  shall  have  pub- 
lished, for  annual  distribution  throughout  the  State,  the  general 
school  laws  of  the  State,  abstracts  of  the  decisions,  of  the  appellate 
courts  and  of  the  Attorney-General  on  points  of  school  law  and  con- 
struction thereof,  decisions,  rules  and  regulations  of  the  State  Board 
of  Education  and  of  the  State  Board  of  Examiners,  plans  and  specifi- 
cations for  building  school  houses;  information  and  instructions  in 
regard  to  application  of  the  school  law  and  the  management  of  the 
common  schools,  important  official  and  legal  periods  of  the  school 
year,  with  due  notice  thereof;  and  such  other  important  facts  and 
data  as  may  be  of  interest  to  the  public.  Acts  of  1894.  (Ky.  Stat.  Sec. 
4395.) 

§  39.— Official  Decisions — Appeals— Records — The  Superintendent 
of  Public  Instruction  shall,  at  the  written  request  of  any  county  super- 
intendent of  common  schools,  decide  any  question  of  difference  or 
doubt  touching  the  administrative  duties  of  officers  and  teachers  of 
the  common  schools  in  his  county.  The  decision  of  the  Superintendent 
of  Public  Instruction  shall  in  such  case  be  final  unless  appeal  be 
prosecuted  from  his  decision  to  the  State  Board  of  Education  within 
thirty  days.  Before  rendering  such  opinion,  the  superintendent  may 
obtain  the  advice  of  the  Attorney  General,  whose  opinion,  in  writing, 
shall  be  conclusive  for  the  time,  and  sufficient  defense  against  all 
parties.  The  decisions  of  the  Superintendent  of  Public  Instruction, 
and  the  opinion  of  the  Attorney  General,  shall  be  duly  filed  and  duly 
recorded  in  a  book  kept  for  that  purpose.  (Ky.  rStat.  Sec.  4396.) 

§  40. — Duty  in  Case  of  Donations,  Gifts  or  Devise. — Whenever  he 
shall  be  informed  that  any  donation,  gift  or  devise  of  any  real  or  per- 
sonal estate  shall  have  been  made  to  the  common  school  fund  of  Ken- 
tucky, it  shall  be  the  duty  of  the  Superintendent  of  Public  Instruction 
to  appoint  some  discreet  person,  who  shall  take  charge  of  the  real  or 
personal  estate  so  granted,  devised  or  donated  and  sell  and  dispose  of 
the  same,  and  pay  the  proceeds  into  the  State  treasury.  Before  said 
agent  so  appointed  by  the  Superintendent  of  Public  Instruction  shall 
proceed  to  act  he  shall  give  a  bond,  with  good  security,  to  the  Com- 
monwealth, for  the  faithful  discharge  of  his  duties  as  agent.  Said 
bond  shall  be  given  in  the  county  in  which  the  donor,  grantor,  or  de- 
visor shall  have  died,  or  in  the  county  in  which  the  property  is  sit- 
uated, the  bond  to  :be  executed  in,  and  approved  by,  the  county  court. 
The  person  so  appointed  shall  make  a  settlement  with  the  county 
court  of  his  county,  once  in  each  year,  and  shall  pay  into  the  treasury 
the  amount  found  in  his  hands  after  said  settlement.  The  court  shall 
allow  said  person  a  reasonable  compensation  for  collecting  and  paying 
over  said  money,  not  exceeding  ten  per  cent,  on  the  first  five  hundred 
dollars,  and  five  per  cent,  on  the  residue,  which  amount  said  person 


16  SCHOOL  INSPECTION. 

shall  retain  in  his  hands  out  of  the  money  collected.  For  any  failure 
of  the  person  so  appointed  to  discharge  the  duties  under  this  law,  he 
and  his  sureties  shall  be  liable  to  all  damages  sustained,  and  for  all 
money  collected,  with  twenty  per  cent,  damages  on  the  amount  so  col- 
lected, and  which  he  has  failed  to  pay  over.  The  suit  on  the  bond  shall 
be  brought  in  the  name  of  the  Commonwealth  of  Kentucky,  and  shall 
be  instituted  by  the  Commonwealth's  attorney  or  county  attorney. 
The  person  appointed  by  the  Superintendent  of  Public  Instruction 
shall  have  the  same  power  in  collecting  and  settling  the  estate  as  an 
administrator  or  executor  now  has  by  law,  may  institute  and  defend 
all  suits  in  reference  to  said  estate,  and  sell  and  convey  the  real  estate 
by  deed.  The  amount  of  money  paid  into  the  treasury  under  the  pro- 
visions of  this  section  shall  remain  there  until  disposed  of  by  law, 
and  the  treasurer  and  his  sureties  shall  be  liaible  for  the  same  on  his 
official  bond.  This  section  shall  apply  to  all  gifts,  donations  or  de- 
vises heretofore  or  hereafter  made  to  the  school  fund  of  Kentucky. 
But  the  provisions  of  this  section  shall  not  apply  to  cases  where  the 
terms  or  conditions  of  the  devises,  gifts  or  donations  conflict  with 
said  provisions;  but,  in  such  cases,  the  terms  or  conditions  of  the  de- 
vise, grant  or  donation  shall  be  carried  out  as  intended  by  the  person 
making  the  same.  (Ky.  Stat.  Sec.  4397.) 

§  41. — Duty  to  Successor — Upon  retiring  from  office,  the  Superin- 
tendent of  Public  Instruction  shall  deliver  to  his  successor  all  books, 
papers  and  effects  belonging  to  the  office,  and  on  failure  to  do  so  shall 
be  fined  in  a  sum  not  less  than  one  hundred  nor  more  than  fivfi  hun- 
dred dollars,  to  be  recovered  by  indictment  in  the  Franklin  Circuit 
Court.  (Ky.  Stat.  Sec.  4398.) 

§  42.— Expenses  to  be  Paid— The  Superintendent  of  Public  Instruc- 
tion should  visit  various  portions  of  the  State  in  the  interest  of  the 
Common  Schools.  The  necessary  expenses  thus  incurred  by  the  State 
Superintendent,  not  to  exceed  in  all  five  hundred  dollars  annually 
while  engaged  in  such  work,  shall  be  paid  by  the  Treasurer  and 
charged  to  the  common  school  fund;  and  that  the  Superintendent  is 
hereby  authorized  to  make  monthly  requisitions  on  the  Auditor  for 
such  expenses,  and  that  he  render  an  itemized  account  of  the  same. 
(Ky.  Stat.  Sec.  4385a.) 


CHAPTER  VI. 
SCHOOL    INSPECTION. 

(Acts  of  1912.) 

§  43. — State  Superintendent  to  be  Inspector — Appointment  of  As- 
sistants.—That  the  State  Superintendent  of  Public  Instruction  be,  and 
is  hereby,  authorized  to  act  as  Special  State  Inspector  and  Examiner 
of  all  schools  in  cities,  towns  and  counties  in  the  Commonwealth,  re- 


KENTUCKY  SCHOOL  LAWS  1914.  17 

ceiving  funds  directly  or  indirectly  from  the  State  or  said  cities, 
towns 'and  counties.  The  State  Superintendent  of  Public  Instruction, 
before  entering  upon  this  special  duty,  shall  take  an  oath  before  some 
one  qualified  to  administer  the  oath,  to  faithfully  and  diligently  per- 
form the  duties  of  this  office  and  shall  execute  bond  with  good  and 
sufficient  security,  to  be  approved  by  the  Governor,  in  a  sum  not  to 
exceed  ten  thousand  dollars,  which  bond  shall  be  filed  with  the  Secre- 
tary of  State. 

The  Superintendent  of  Public  Instruction  shall  receive  annually 
for  such  special  duty  the  salary  of  $1,500.00,  payable  monthly  out  of 
the  State  School  Fund. 

He  shall  have  power  to  appoint  two  assistants  at  salaries  of  one 
thousand  dollars  per  annum,  and  all  necessary  contingent  and  travel- 
ing expenses  for  himself  and  his  assistants,  when  on  business  per- 
taining to  these  official  duties.  He  shall  be  allowed  not  to  exceed 
two  thousand  dollars  per  annum  for  additional  clerk  hire  for  this  De- 
partment, in  connection  with  the  State  Department  of  Education,  that 
the  State  Department  may  be  made  more  efficient  in  the  conduct, 
supervision,  management  and  inspection  of  the  schools  and  school 
revenues  of  the  Commonwealth.  These  salaries  and  necessary  ex- 
penses thus  incurred  shall  be  paid  by  the  Treasurer  and  charged  to 
the  common  school  fund,  and  the  Superintendent  is  hereby  authorized 
to  make  monthly  requisitions  on  the  Auditor  for  such  salaries  and 
expenses  and  that  he  render  an  itemized  account  of  the  same. 

§  44. — Bond  to  be  Given  by  Assistant  Inspectors — The  assistants 
appointed  by  the  Superintendent  may  be  required  by  him,  subject 
to  the  approval  of  the  State  Board  of  Education,  to  make  such  bond 
as  they  may  deem  sufficient  to  faithfully  and  diligently  perform, 
under  the  direction  of  the  State  Superintendent,  such  duties  as  he 
may  assign  them,  either  in  the  office  of  the  Superintendent,  or  on 
business  pertaining  to  the  official  inspection  duties.  Such  ibond  shall 
be  filed  in  the  office  of  the  Superintendent  of  Public  Instruction. 

§  45. — Power  to  Inspect  School  Funds  and  Management  of  all 
Schools— It  shall  be  the  duty  of  the  State  Superintendent  as  Special 
Inspector,  by  and  through  the  co-operation  of  his  assistants,  to  in- 
spect and  examine  into  the  fiscal  management  and  conduct  of  the 
office  of  all  school  officials,  whose  duty  it  is  to  receive,  handle  or  dis- 
burse the  public  school  funds  either  directly  or  indirectly  and  to 
compel  an  account  of  said  school  officials.  The  said  Inspector  shall 
have  power  to  examine  into  the  management  of  public  schools  sup- 
ported in  whole  or  in  part  by  the  State  and  to  see  that  the  school 
laws,  rulings,  regulations  and  all  by-laws  of  the  State  Board  of  Edu- 
cation are  enforced  and  operative  in  such  a  way  as  to  best  and  most 
equitably  distribute  the  educational  equipment  of  the  State  and  to 
make  the  public  school  system  of  the  State  a  more  efficient  system. 

§  46. — May  Issue  Process  to  Compel  Attendance  of  Witnesses — 
Penalties—He  shall,  at  all  times,  have  access  to  the  papers,  books 


18  COUNTY  SUPERINTENDENT. 

and  records  of  any  and  all  teachers,  trustees,  superintendents  or  other 
public  officials,  and  shall  have  power  to  issue  process  and  compel  at- 
tendance of  witnesses  before  him  and  to  administer  oaths  to  and  to 
compel  witnesses  to  testify  in  any  of  the  investigations  he  is  author- 
ized to  make,  and  upon  the  failure  of  any  witness  to  attend  or  testify 
without  legal  excuse,  he  shall  be  deemed  guilty  of  misdemeanor  and 
upon  conviction,  fined  not  to  exceed  $25.00  for  each  offense.  He  shall 
have  power  to  clothe  his  assistants  with  full  power  of  attorney  to  act 
for  him  as  Inspector. 

§  47. — Report  of  Misconduct  to  County  or  Commonwealth  Attorney 
— When  he  or  his  assistants  shall  find  any  mismanagement,  miscon- 
duct, violation  of  law,  or  wrongful  or  improper  use  of  any  County  or 
State  school  fund,  or  neglect  in  the  performance  of  duty  on  the  part 
of  any  school  official,  he  shall  report  any  and  all  such  violations  of 
the  school  laws  when  discovered  to  the  State  Board  of  Education, 
whose  duty  it  shall  be,  through  the  State  Superintendent,  as  Special 
Inspector,  or  one  of  his  assistants,  to  call  in  the  assistance  of  the 
County  Attorney  or  Commonwealth's  Attorney  in  the  county  or  dis- 
trict where  such  violation  occurs  to  assist  in  the  indictment,  prose- 
cution and  conviction  of  the  accused,  or  if  indictment,  prosecution  and 
conviction  are  not  warrantable,  he  shall  report  such  neglect  or  mis- 
conduct to  the  State  Board  of  Education  who  shall  have  power  to 
rectify  and  regulate  all  such  matters. 

§  48. — Emergency  Clause — The  necessity  for  the  immediate  opera- 
tion of  the  provisions  of  this  act  is  so  patent  that  an  emergency  is 
hereby  declared  to  exist  and  this  act  shall  take  effect  from  and  after 
its  passage  and  approval  by  the  Governor. 


CHAPTER  VII. 
COUNTY  SUPERINTENDENT. 

§  49.— Qualification — Certificate — Certificate  not  Required  for  Re- 
election— There  shall  be  a  county  superintendent  of  common  schools 
in  each  county  of  the  State  who  shall  be  possessed  of  good  moral  char- 
acter and  ability  to  manage  the  common  school  interests  of  the 
county  efficiently.  He  shall  possess  a  good  English  education  and 
shall  be  competent  to  examine  the  teachers  who  shall  apply  to  teach 
the  common  schools  in  the  county.  He  shall  be  twenty-four  years 
old  at  the  time  of  qualifying,  a  citizen  of  Kentucky,  shall  have  re- 
sided two  years  next  preceding  the  election  in  this  State  and  one 
year  in  the  county  for  which  he  is  a  candidate.  No  person  shall  be 
eligible  to  the  office  of  county  superintendent  unless  he  shall  hold 
from  the  State  Board  of  Examiners  a  State  diploma  or  a  State 
certificate  which  will  not  expire  during  his  proposed  term  of  office; 


KENTUCKY  SCHOOL  LAWS  1914.  19 

or  a  certificate  of  qualification  which  shall  in  all  respects  be  the  equiv- 
alent of  a  State  certificate  issued  by  the  State  Board  of  Examiners, 
on  a  personal  examination  held  at  the  State  Capitol  on  the  last  Fri- 
day and  Saturday  in  May  and  June  next  preceding  the  election  of 
County  Superintendents.  The  fee  for  such  an  examination  shall  be 
five  dollars  and  shall  be  divided  among  the  members  of  the  State 
Board  of  Examiners;  the  said  certificate  shall  not  entitle  the  holder 
thereof  to  teach  in  the  common  schools  of  the  State.  In  counties 
embracing  any  city  of  the  first  class  and  maintaining  a  system  of 
public  schools  separate  and  distinct  from  the  common  schools  of  the 
county,  no  person  shall  be  eligible  to  the  office  of  County  Superin- 
tendent other  than  a  resident  of  such  county  outside  of  such  city 
or  town.  No  person  shall  be  eligible  to  hold  the  office  of  County 
Superintendent  excepting  such  County  Superintendents  as  are  now 
in  office  and  such  persons  as  have  obtained  a  State  diploma  or  State 
certificate  issued  by  the  State  Board  of  Examiners  or  a  certificate 
as  is  herein  provided  for.  (Acts  of  1912.) 

§  50. — Persons  Ineligible  for  Office — No  County  Judge,  Justice  of 
the  Peace,  Circuit  Clerk,  County  Clerk,  County  Attorney,  County  Sur- 
veyor, Sheriff,  Coroner,  Assessor,  Trustee  of  a  common  school  district 
or  a  teacher  while  engaged  in  teaching  in  any  kind  of  a  school,  shall 
hold  the  office  of  County  Superintendent  and  the  County  Superin- 
tendent shall  devote  his  entire  time  and  attention  to  the  duties  of 
his  office.  (Acts  of  1912.) 

§  51. — Election  and  Term — Exceptions  in  Counties  Having  Cities  of 
the  First  and  Second  Class — The  County  Superintendent  shall  be  elect- 
ed by  the  qualified  voters  of  each  county  qualified  to  vote  in  all 
school  elections  at  the  regular  November  election,  provided  by  law 
arid  shall  hold  his  office  for  four  years  from  the  first  Monday  in 
January  following  his  election  or  until  the  election  and  qualification 
of  his  successor.  The  county  superintendent  shall  be  elected  and  the 
vote  canvassed  and  the  result  certified  by  the  same  officers  and  in 
the  same  manner  as  in  the  election  of  other  county  officers  and  within 
ten  days  after  the  election  the  clerk  of  the  County  Court  shall  for- 
ward a  copy  of  the  certificate  of  election  to  the  Superintendent  of 
Public  Instruction.  In  case  of  controverted  right  to  the  office  of  County 
Superintendent,  the  Superintendent  of  Public  Instruction  shall  have 
power  to  recognize  a  superintendent  from  among  the  contestants  until 
the  case  has  been  settled;  provided,  that  in  counties  containing  cities 
of  the  first  or  second  class,  maintaining  a  system  of  public  schools 
separate  and  distinct  from  the  common  schools  of  the  Bounty,  the 
County  'Superintendent  shall  reside  in  the  portion  of  the  county  out- 
side of  such  city  or  cities  and  be  elected  by  the  qualified  voters  of 
said  county  residing  out  of  such  city  or  cities.  (Acts  of  1912.) 

§  52. — Official  Bond — Conditions — Duty  of  County  Clerk — Before 
entering  upon  the  discharge  of  his  duties  each  County  Superintendent 
must  enter  into  a  covenant  before  the  County  Court  of  the  county  to 


20  COUNTY  SUPERINTENDENT. 

the  Commonwealth  of  Kentucky,  with  sufficient  security  in  not  less 
than  an  amount  which  shall  not  exceed  twice  the  amount  of  money 
that  he  shall  receive  at  any  installment  from  the  State  Treasury,  as 
common  school  funds,  for  the  faithful  discharge  of  his  duties,  and  the 
said  bond  shall  be  renewed  each  year.  Said  bond  shall  be  given  in 
duplicate,  one  copy  to  be  kept  on  file  in  the  office  of  the  County  Clerk 
and  the  other  to  be  forwarded  by  the  County  Clerk  to  the  Superin- 
tendent of  Public  Instruction.  It  shall  be  the  duty  of  the  County  Clerk 
in  forwarding  the  bond  made  by  the  County  Superintendent  at  the 
time  of  assuming  the  duties  of  his  office,  to  also  forward  to  "the  Super- 
intendent of  Public  Instruction,  a  certified  copy  of  the  order  of  the 
court  inducting  the  said  superintendent  into  office.  (Acts  of  1912.) 

§  ,53.— Salary  Allowed  and  Paid  Out  of  County  Levy— It  shall  be 
the  duty  of  the  Fiscal  Court  to  pay  the  County  Superintendent  an  an- 
nual salary,  payable  monthly,  of  not  less  than  six  hundred  dollars 
($600.00)  after  the  County  Superintendent  shall  have  satisfied  the 
court  by  a  statement  subscribed  and  sworn  to  by  the  superintendent, 
and  from  such  other  evidence  as  may  be  adduced  that  he  has  visited 
the  schools  of  the  county  and  faithfully  executed  and  performed  the 
duties  of  his  office  efficiently  and  in  accordance  with  law.  Said  salary 
shall  be  paid  out  of  the  county  levy  as  the  salary  is  now  paid  and  in 
his  report  to  the  Superintendent  of  Public  Instruction  he  shall  state 
the  full  amount  allowed  him  by  the  Fiscal  Court  for  his  official  ser- 
vices and  provided  that  no  salary  shall  be  greater  than  $2,500.00.  The 
Fiscal  Court  shall  furnish  the  County  Superintendent  with  a  suitable 
office,  free  of  charge,  large  enough  to  accommodate  the  county  teach- 
ers' library  and  the  assistants  employed  in  his  office. 

The  provisions  of  this  section  shall  not  apply  to  counties  listing 
less  than  one  million  dollars  in  taxable  property  for  State  and  county 
taxation.  (Acts  of  1912.) 

§  54. — :Census  Report — Responsibility  for  Errors — It  shall  be  the 
duty  of  each  County  iSuperintendent,  on  or  before  the  first  day  of 
June  of  each  year,  to  prepare,  mail  to,  and  cause  to  be  placed  in  the 
hands  of  the  Superintendent  of  Public  Instruction  a  report,  certified 
by  the  county  judge  or  clerk  that  the  report  is  a  correct  statement 
as  shown  from  the  census  on  file  in  the  office  of  the  clerk  of  the 
county  court,  showing  the  whole  number  of  children  between  the 
ages  of  six  and  twenty  years  residing  in  his  county,  and  the  whole 
number  residing  in  each  subdistrict,  including  each  city  and  each 
independent  district,  described  by  its  number;  and  he  shall  be  in- 
dividually responsible  to  the  teacher  or  the  subdistrict  for  any  loss 
sustained  by  said  teacher  or  subdistrict  by  reason  of  any  error  made 
by  the  said  superintendent  in  reporting  the  census  thereof.  He  shall 
superintend  the  census  taken  during  the  month  of  April  by  the  trus- 
tee, and  not  later  than  the  twentieth  of  March  of  each  year  shall 
notify  the  trustee  that  the  'boundaries  of  the  subdistrict  are  as  re- 
corded for  the  past  year  in  the  trustees'  register;  or  if  any  changes 


KENTUCKY  SCHOOL  LAWS  1914.  21 

have  been  made,  shall  give  to  the  trustee  exact  notice  of  such  changes, 
and  in  due  time  see  that  the  said  changes  are  included  in  the  descrip- 
tion of  the  boundary  entered  in  the  trustee's  register.  At  the  time 
of  such  notice  he  shall  give  the  said  trustees  printed  or  written  in- 
structions for  taking  the  census;  caution  him  against  reporting  per- 
sons not  legally  belonging  thereto.  He  shall  base  his  report  upon 
the  census  taken  during  the  month  of  April,  and  reports  thereof 
made  to  him  by  the  subdistrict  trustee.  If  such  reports  are  not  in 
from  any  subdistrict  by  the  tenth  of  May,  the  County  Superintendent 
shall  take,  or  have  the  census  of  such  subdistrict  taken,  the  cost  of 
which  shall  be  paid  out  of  the  county  levy,  and  the  fiscal  court  may 
recover  from  the  delinquent  trustee  the  amount  so  paid.  (Ky.  Stat. 
Sec.  4404  as  changed  by  Act,  1908.) 

§  55. — Text  Books  for  Indigent  Children — It  shall  be  the  duty  of 
each  County  Superintendent,  before  the  opening  of  the  schools  each 
year,  and  from  time  to  time,  by  personal  observation  or  from  trus- 
tees and  teachers  and  otherwise,  to  ascertain  the  number  and  cost 
of  text-books  upon  each  of  the  common  school  branches  needed  by 
the  indigent  children  of  each  subdistrict  and  of  the  county  for  use  in 
the  common  schools,  and  shall  report  to  the  County  Judge  the  number 
and  kind  of  books  needed,  when  the  County  Judge  shall  purchase  the 
books  and  pay  for  them  by  an  allowance  made  by  the  fiscal  court  of 
the  county;  the  County  Judge  shall  turn  them  over  to  the  County 
Superintendent  for  distribution,  taking  receipt  for  the  number  and 
value  of  the  books,  but  the  cost  of  said  books  shall  not  exceed  in 
the  aggregate  one  hundred  dollars  in  any  county  per  annum.  It  is 
hereby  made  the  special  duty  of  the  County  and  City  School  Super- 
intendents of  common  schools  to  report  to  the  County  Judge  the 
names  of  all  such  indigent  children  furnished  them  by  trustees,  and 
to  see  that  the  provisions  of  this  section  are  faithfully  executed. 
(Ky.  Stat,  Sec.  4405.) 

§  56. — Additional  Facts  to  be  Reported — County  Superintendents 
and  trustees  of  common  schools  shall  report  facts  additional  to  those 
now  required  to  be  reported  whenever,  in  the  judgment  of  the  board 
or  of  the  Superintendent  of  Public  Instruction,  the  interest  of  the 
common  schools  of  the  State  shall  indicate  the  necessity  therefor. 
(Ky.  Stat.  Sec.  4406.) 

§  57. — Payment  of  Teachers— Each  County  Superintendent  of  com- 
mon schools  shall,  on  the  second  Saturday  in  October,  reckoning 
school  months  of  twenty  days,  pay  the  amount  due  each  teacher  of  a 
common  school  for  the  month  or  months  completed,  but  not  for  any 
fraction  of  a  month,  except  as  provided  in  section  84  on  the  certifi- 
cate of  the  trustee  for  the  subdistrict  and  the  chairman  of  the  edu- 
cational division  that  the  school  has  been  legally  taught  for  that 
period;  and  thereafter  the  County  Superintendent  shall,  on  the  second 
Saturday  of  each  calendar  month,  pay  the  salary  due  each  teacher  of 
a  common  school  for  the  previous  school  month  or  months  not  pre- 


22  COUNTY  SUPERINTENDENT. 

viously  paid  for,  on  the  certificate  of  the  trustee  for  the  subdistrict 
and  the  chairman  of  the  educational  division  that  the  school  has 
been  legally  taught  for  the  period  specified:  Provided,  That  all  of 
said  payments  shall  be  made  to  the  teacher  personally  or  on  written 
order,  and  at  the  last  payment  shall  be  for  the  entire  balance  due  the 
teacher,  including  the  undistributed  surplus  and  interest  on  the  county 
bond;  and  that  any  teacher  who  may  violate  his  contract  with  the 
Division  Board  by  refusing  to  continue  his  school  shall  forfeit  any 
fractional  salary  that  may  be  due  him.  In  cities  and  towns  organized 
as  single  districts,  and  reporting  direct  to  the  Superintendent  of 
Public  Instruction,  the  provisions  of  this  section  shall  equally  apply, 
or  such  city  or  town  may  receive  in  January  the  whole  amount  due 
it  if  it  shall  so  desire.  In  either  case  the  president  or  chairman  of 
the  school  board  of  such  cities  or  towns  shall  make  the  report  re- 
quired of  them  by  this  law,  under  oath  direct  to  the  Superintendent  of 
Public  Instruction,  and  he  shall  draw  his  warrant  on  the  Auditor  of 
Public  Accounts  in  favor  of  the  treasurer  of  such  school  board,  which 
when  approved  and  countersigned  by  the  Superintendent  of  Public 
Instruction  shall  entitle  such  treasurer  to  a  warrant  on  the  treasury 
of  the  :State  for  the  amount  thereof,  and  the  said  treasurer  and  securi- 
ties shall  be  accountable  for  the  same  upon  his  official  bond  in  any 
action  by  such  school  board  of  which  the  Superintendent  of  Public 
Instruction  shall  be  officially  notified.  (Ky.  Stat.  Sec.  4407.) 

§  58. — Penalty  for  Fraudulent  Report  of  Common  Schools — Any 
County  Superintendent  who  shall  knowingly  and  wilfully  report  to  the 
Superintendent  of  Public  Instruction  a  number  of  common  schools  as 
having  been  taught  in  his  county  greater  than  the  number  of  such 
schools  actually  taught  therein  according  to  law,  or  a  number  of  chil- 
dren entitled  to  tuition  in  his  county  greater  than  the  actual  number 
of  such  children,  or  otherwise  knowingly  and  wilfully  misstate  any 
fact  or  facts  which  he  is  or  may  be  hereafter  required  by  law  to  re- 
port to  the  Superintendent  of  Public  Instruction,  shall  be  deemed 
guilty  of  a  felony,  and,  upon  conviction  thereof  be  fined  in  a  sum  not 
less  than  two  hundred  nor  more  than  five  hundred  dollars,  or  im- 
prisoned in  the  penitentiary  not  less  than  one  nor  more  than  ten 
years,  or  both  fined  and  imprisoned,  in  the  discretion  of  the  jury,  and 
be  removed  from  office.  And  all  sums  recovered  from  him  by  due 
process  of  law,  or  by  voluntary  surrender  of  the  excess  taken  by  him, 
shall  be  paid  into  the  school  fund.  (Ky.  Stat.  Sec.  4408.) 

§  59. — Annual  Settlement. — Each  County  Superintendent  shall  on  or 
before  the  first  day  of  August,  annually  settle  his  accounts  for  the  pre- 
vious school  year  with  the  County  Judge  of  his  county  and  forward 
a  copy  of  said  settlement,  certified  by  the  clerk  of  said  court  to  be  cor- 
rect, to  the  Superintendent  of  Public  Instruction.  Said  settlement 
shall  em'brace  all  sums  received  since  the  date  of  his  last  settlement 
by  said  County  Superintendent  for  the  benefit  of  common  schools 
taught  during  the  school  year;  a  full  statement  of  all  such  sums  paid 


KENTUCKY  SCHOOL  LAWS  1914.  23 

out  by  him,  for  what,  to  whom,  and  when  paid;  and  should  any  part 
of  said  fund  received  by  him  as  aforesaid  remain  uncalled  for,  and 
not  be  paid  out,  he  shall  immediately  refund  said  amount  to  the  State 
Treasurer,  stating  why  it  was  not,  for  and  to  what  district  it  belongs, 
and  at  the  same  time  notify  the  Superintendent  of  Public  Instruc- 
tion that  he  has  refunded  the  said  amount,  that  he  may  give  said 
County  Superintendent  proper  credit  on  his  books  for  said  amount 
refunded.  The  receipt  of  the  Auditor  for  money  refunded  shall  be~ 
a  sufficient  voucher  with  the  County  Judge  in  said  settlement.  Should 
the  copy  of  such  settlement  fail  to  reach  the  (Superintendent  of 
Public  Instruction  by  the  tenth  day  of  that  month  it  shall  be  his 
duty  to  notify  the  County  Judge  and  the  delinquent  County  Superin- 
tendent of  the  fact;  and  upon  receiving  such  notification  it  shall 
be  the  duty  of  the  judge,  in  case  the  settlement  shall  not  have  been 
made,  immediately  to  compel  a  settlement  by  attachment,  as  in 
cases  of  contempt,  and  a  copy  thereof  to  'be  forwarded  to  the  Super- 
intendent of  Public  Instruction.  For  his  wilful  failure  to  pay  out 
to  those  entitled  thereto  any  money  in  his  hands  for  the  space  of 
thirty  days  after  the  same  shall  be  received  by  him,  or  for  his  wilful 
failure  to  make  the  aforesaid  settlement  by  the  time  required  by 
law,  the  County  Superintendent  shall  be  guilty  of  misdemeanor  and 
being  indicted  and  convicted  thereof  he  shall  be  fined  in  a  sum  not 
less  than  one  hundred  nor  more  than  five  hundred  dollars,  as  well 
as  remain  liable  on  his  official  bond,  and  be  removed  from  office. 
(Ky.  Stat.  Sec.  4409.) 

§  60. — Annual  Report — Penalty  for  Failure. — He  shall,  on  or  be- 
fore the  first  day  of  August,  prepare  and  mail  and  cause  to  be  placed 
in  the  hands  of  the  Superintendent  of  Public  Instruction  his  official 
report,  showing  in  tables  of  details  and  aggregates  the  school  sub- 
districts  of  his  county  by  number;  the  name  and  address  of  the  trus- 
tee of  eacti  subdistrict,  with  date  at  which  each  one's  term  expires; 
the  subdistricts  in  which  schools  were  taught  and  the  length  of  time 
taught;  the  highest,  lowest  and  average  number  of  children  at 
school ;  the  cost  of  tuition  of  each  child  for  the  session  and  per 
month;  the  number  of  private  schools,  academies  and  colleges 
taught  in  the  county,  and  length  of  session  of  the  same,  the  number 
of  teachers  employed — male,  female  and  total — foi  the  common 
schools;  the  average  wages  of  male  teachers,  female  teachers,  and 
of  total  teachers  per  month;  the  name  and  address  of  teachers 
resident  in  his  county,  with  grades  of  certificate  of  each;  the  amount 
of  money  raised  for  common  school  purposes  in  the  county,  by  local 
tax  or  otherwise,  and  for  what  the  same  was  disbursed;  the  number 
and  kind  of  schoolhouses  and  the  value  of  each;  the  number  of 
schoolhouses  built  and  the  value  of  each;  the  number  of  subdistrict 
libraries;  also  county  library,  if  any,  and  number  of  volumes  in  each, 
and  the  increase  during  the  year;  the  amount  he  has  received  for 
official  compensation  and  expenses.  For  wilful  failure  to  be  present 


24  COUNTY  SUPERINTENDENT. 

at  his  office  at  the  time  appointed  to  receive  reports,  or  for  failing 
to  make  the  reports  herein  required,  he  shall  be  fined  a  sum  not 
exceeding  fifty  dollars.  (Ky.  Stat,  Sec.  4410.) 

§  61. — Official  Record — Each  County  Superintendent  shall  keep  a 
detailed  account  of  all  money  received  and  distributed  by  him;  a 
record  of  all  business  transacted  by  him  as  County  Superintendent, 
together  with  the  reports  of  the  trustees;  the  names,  numbers  and 
description  of  school  subdistricts,  and  all  other  papers  and  docu- 
ments connected  with  his  office,  at  all  times  subject  to  inspection 
and  examination  by  any  school  officer  or  other  person  interested  in 
any  question  pertaining  to  the  common  schools.  (Ky.  Stat.,  Sec. 
4411.) 

§  62.— May  Administer  Oath— A  County  Superintendent  may  ad- 
minister the  oath  required  of  a  trustee  or  of  a  teacher  of  common 
schools,  or  other  persons  required  to  make  oath  in  matters  relating 
thereto.  (Ky.  Stat,  Sec.  4413.) 

§  G3. — Oath  to  Trustee — Record  of — Blanks — Official  Notices — 
He  shall  administer  the  oath  of  office  to  trustee-elect  applying 
to  him  for  that  purpose;  but  it  shall  be  lawful  for  any  justice  of  the 
peace,  or  other  person  authorized  to  administer  oaths,  to  administer 
the  oath  of  office  to  any  trustee,  but  said  oath  shall  not  be  valid  un- 
less reported  in  writing  to  the  County  Superintendent  by  said  justice 
or  other  person  within  ten  days  from  the  time  when  administered. 
He  shall  make  a  record  of  the  names  of  trustees  then  qualified, 
showing  the  subdistricts  in  which  they  were  elected,  and  the  post- 
office  of  each.  He  shall,  at  the  time,  deliver  to  the  trustee  of  each 
subdistrict  such  blanks  as  they  will  need  for  the  coming  school  year, 
and  give  such  information  with  regard  to  their  duties  as  may  be  re- 
quested. He  shall  address  all  official  correspondence  to  the  trustees. 
Notice  to  them  shall  be  regarded  as  notice  to  the  people  of  the  sub- 
district,  and  it  shall  be  the  duty  of  the  trustee  to  notify  the  people. 
(Ky.  Stat.,  Sec.  4414.) 

§  64.— Attendance  at  Office— It  shall  be  the  duty  of  the  County 
Superintendent  to  be  in  attendance  at  his  office,  at  the  county  seat, 
on  the  second  Saturday  of  each  month,  and  at  such  other  times  as 
may  be  necessary  to  transact  his  official  business.  (Ky.  Stat,  Sec. 
4415.) 

§  65. — Penalty  for  Buying  Teacher's  Claim  or  Acting  as  Text- 
Book  Agent — No  County  Superintendent  shall  be  allowed  to  buy  for 
himself,  or  another,  any  teacher's  claim,  directly  or  indirectly,  or  to 
act  as  agent  for  the  sale  of  any  text-book.  Any  superintendent  guilty 
of  violating  this  section  shall  be  fined. not  less  than  one  hundred 
nor  more  than  one  thousand  dollars  for  each  offense.  (Ky.  Stat., 
Sec.  4416.) 

§  66. — May  Suspend  or  Remove  Trustee — Condition — For  incom- 
petency,  neglect  of  duty,  immoral  conduct,  or  other  disqualification, 
the  County  Superintendent  may  suspend  or  remove  from  office  any 
trustee  of  any  school  under  his  supervision.  But  before  a  County 


KENTUCKY  SCHOOL  LAWS  1914.  25 

Superintendent  shall  suspend  any  trustee  he  shall  give  said  trustee 
at  least  five  days'  notice  of  the  charges  made  against  him,  and  give 
the  trustee  an  opportunity  to  produce  evidence  and  defend  any  action 
against  him.  (Ky.  Stat,  Sec.  4417.) 

§  67. — Official  Decisions — Appeals — Relations  to  Superintendent  of 
Public  Instruction — The  County  Superintendent  shall  decide  all  ques- 
tions of  difference  or  doubt  touching  the  administrative  duties  of 
the  officers  and  teachers  of  common  schools  in  his  county;  but  ap- 
peals from  his  acts  and  decisions  may  be  had,  on  petition  of  any 
interested  person,  to  the  Superintendent  of  Public  Instruction.  The 
County  Superintendents  shall  conform  to  such  reasonable  rules  and 
requirements  as  the  Superintendent  of  Public  Instruction  shall,  from 
time  to  time,  prescribe  and  announce  to  them.  (Ky.  Stat.,  Sec.  4418.) 

§  68.— Compensation  for  Services — Salary  $400— $1,500— For  all 
the  services  rendered  and  the  expenses  incurred  by  the  County  Su- 
perintendent under  the  provisions  of  this  law,  he  shall  be  allowed  a 
salary  annually  by  the  Fiscal  Court  of  his  county,  based  on  the  number 
of  children  reported  in  the  census  report  of  the  subdistrict  trustee 
of  such  county;  which  salary  shall  not  be  less  than  eight  cents  nor 
more  than  twenty  cents  for  each  pupil  child  thus  reported.  Be- 
fore the  court  shall  allow  the  salary,  it  shall  be  satisfied,  from  the 
statement  subscribed  and  sworn  to  by  the  superintendent,  and  from 
such  other  evidence  as  may  be  adduced,  that  he  has  visited  the 
schools  of  the  county,  and  that  the  said  services  have  been  faithfully 
and  efficiently  performed  according  to  law.  Said  salary  shall  be 
paid  out  of  the  county  levy  as  the  salary  of  the  County  Judge  is  now 
paid,  and  in  his  report  to  the  Superintendent  of  Public  Instruction 
he  shall  state  the  full  amount  allowed  him  by  the  Fiscal  Court  for 
his  official  service.  Provided,  however,  That  no  salary  shall  be  less 
than  $400  nor  greater  than  $1,500.  In  fixing  the  salary  of  the  said 
superintendent,  no  child  shall  be  counted  or  enumerated  who  is  un- 
der a  City  School  Superintendent  of  a  city  of  the  first,  second,  third 
or  fourth  class.  The  Fiscal  Court  shall  furnish  the  County  Superin- 
tendent with  a  suitable  office,  free  of  charge,  large  enough  to  accom- 
modate the  county  teachers'  library.  (Ky.  Stat.  Sec.  4419.) 

(This  section  was  probably  repealed  in  part  or  in  whole  by  the 
Acts  of  1912). 

§  69. — How  Vacancy  in  Office  is  to  be  Supplied — Removal  from — 
Appeals — In  case  of  tho  death,  removal  or  resignation,  refusal  to 
serve  or  inability  of  the  County  Superintendent  elected  to  give  the 
bond  required  or  to  perform  the  duties  of  the  office,  a  successor  shall 
bo  appointed  or  elected  as  follows:  If  the  unexpired  term  will  end 
at  the  next  succeeding  annual  election,  or  if  the  unexpired-  term  will 
not  end  at  the  next  succeeding  annual  election,  and  three  months 
intervene  before  said  annual  election,  the  County  Judge  of  each  county 
is  authorized  to  appoint  a  successor,  duly  qualified  according  to  sec 
tion  49  of  this  law  to  continue  in  office  until  the  next  succeeding  an- 


26  COUNTY  SUPERINTENDENT. 

nual  election,  when  one  shall  be  elected  for  the  unoxpired  term.  If  the 
unexpired  term  does  not  end  at  the  next  succeeding  annual  election, 
and  three  months  does  not  intervene  between  the  happening  of  said 
vacancy  and  the  next  succeeding  annual  election,  the  County  Judge 
shall  appoint  a  successor  of  said  qualification  to  continue  in  office 
until  the  second  succeeding  annual  election  when  one  shall  be  elected 
for  the  unexpired  term.  In  case  of  a  vacancy  in  this  office  the 
County  Judge  shall,  as  soon  as  practicable,  notify  the  Superintendent 
of  Public  Instruction  and  request  him  to  appoint  a  day  and  furnish 
questions  for  an  examination  to  fill  said  vacancy;  and  the.said  exam- 
ination shall  be  conducted  in  a  manner  prescribed  by  law.  The 
County  Court  may,  at  any  regular  term,  after  ten  days'  notice,  re- 
move a  County  Superintendent  for  inability  or  habitual  neglect  of 
duty  or  malfeasance  in  office.  An  appeal  to  the  Circuit  Court  may 
be  taken  from  the  order  of  the  County  Court  removing  the  super- 
intendent, and  from  the  Circuit  Court  to  the  Court  of  Appeals,  as  in 
civil  actions.  (Ky.  Stat.  Sec.  4420.) 

§  70. — Duty  of  Successor — Each  County  Superintendent,  when  he 
resigns,  vacates,  is  removed  or  goes  out  of  office,  shall  immediately 
thereafter  deliver  to  his  successor  or  to  the  County  Court  Clerk  for 
him,  any  money,  property,  books,  effects,  or  papers  remaining  in 
his  hands  as  County  Superintendent,  and  within  ten  days  shall  settle 
with  the  County  Court,  and  for  a  failure  to  do  so  shall  be  fined  net 
less  than  fifty  dollars  nor  more  than  ono  hundred  dollars.  It  shall 
be  the  duty  of  the  County  Clerk  to  forward  a  certified  copy  of  said 
settlement  to  the  Superintendent  of  Public  Instruction.  (Ky.  Stat., 
Sec.  4421.) 

§  71. — Superintendent  of  Schools  and  Clerk  to  Furnish  Boundary 
to  Company. — It  shall  be  the  duty  of  the  County  Superintendent  of 
county  schools  in  each  county  in  which  a  railroad  or  bridge  is  oper- 
ated to  furnish,  on  or  before  the  first  day  of  July  of  each  year,  to 
ouch  railroad  or  bridge  company  or  companies  the  boundary  of  each 
graded  or  commcn  school  district  through  or  into  which  any  part  of 
such  railroad  or  bridge  or  other  railroad  or  bridge  property  is  situated; 
and  the  County  Clerk  of  any  county  containing  any  other  taxing  dis- 
trict through  or  into  which  any  railroad  or  bridge  is  located  shall 
make  a  similar  report  to  such  railroad  or  bridge  company.  Any 
County  Superintendent  or  County  Clerk  failing  to  make  report  as 
herein  required,  or  who  shall  make  false  report,  shall  be  deemed 
guilty  of  misdemeanor,  and  upon  conviction,  shall  be  fined  not  less 
than  fifty  nor  more  than  one  hundred  dollars  for  each  offense. 

§  72.— School  Tax  Paid  to  Superintendent — All  taxes  against  any 
railroad  or  bridge  company,  which  shall  be  levied  in  any  common 
school  district,  shall  be  paid  to  the  Superintendent  of  Common 
Schools  of  the  county  for  the  benefit  of  the  district  entitled  thereto. 

§  73.— White  and  Colored  School  Districts— The  provisions  of  this 
law  shall  not  be  construed  to  apply  to  any  colored  school  district: 


KENTUCKY  SCHOOL  LAWS  1914.  27 

Provided,  That  the  same  rate  of  taxation  assessed  against  the  real 
estate  of  any  railroad  or  bridge  company  or  corporation  in  any 
graded  school  district  or  common  school  district,  in 'any  year,  shall 
be  assessed  against  all  of  the  taxable  property  in  such  district,  and 
the  railroad  or  bridge  tax  when  collected,  shall  be  paid  over  to  the 
County  Superintendent  of  the  county  in  which  the  district  school 
house  wherein  the  tax  assessed  shall  be.  situated,  and  shall  constitute 
and  be  held  by  the  County  Superintendent  as  a  graded  or  common 
district  school  fund;  and  the  said  fund  shall  be  apportioned  and  dis- 
tributed by  the  County  Superintendent  between  the  white  graded  com- 
mon school  or  white  graded  common  school  district  wherein  said  tax 
shall  be  collected  and  any  colored  common  school  district  which  shall 
be  located  over  the  same  boundary;  the  distribution  shall  be  in  the 
same  ratio  that  the  whole  number  of  white  children  of  pupil  age  and 
the  whole  number  of  colored  children  of  pupil  age  residing  in  the  dis- 
trict shall  bear  to  the  whole  number  of  children,  white  and  colored, 
residing  in  the  district  wherein  such  tax  shall  be  collected. 

§    74._JRate  of  Taxation— Bridges — Auditor  to   Notify  Clerks — The 
same  rate  of  taxation  for  State  purposes  which  is  or  may  be  in  any 

ar  levied  on  other  real  estate,  shall  be  and  is  hereby  levied  upon 
the  value,  so  found  by  said  board,  of  the  railroad,  bridge,  rolling  stock 
and  real  estate  of  each  company;  and  the  same  rate  of  taxation  for 

e  pu-pcses  of  each  city,  town,  part  of  a  county  or  tax.  district,  of 
any  kind,  in  which  any  portion  of  any  railroad  or  bridge  is  located, 
which  is,  or  may  be  in  any  year  levied  on  other  real  estate  of  said 
company  therein,  and  of  the  number  of  miles  on  said  road,  therein, 
reckoned  as  of  the  value  of  the  average  of  each  mile  of  such  rail- 
road, with  its  rolling  stock,  as  ascertained  as  aforesaid;  Provided, 
That  railroad  bridges,  spanning  any  river  which  constitutes  the  boun- 
dary or  State  line  of  the  Commonwealth,  shall  be  assessed  as  of  the 
counties  in  which  they  are  located,  and  local  tax  derived  therefrom 
shall  be  applied  to  each  city,  town,  county  or  tax  district  in  which 
said  '.bridges  are  or  may  be  located.  And  immediately  after  said 
board  shall  have  completed  its  valuations  each  year,  the  Auditor  of 
Public  Accounts  shall  notify  the  Clerk  of  each  County  Court  of  the 
amount  so  as363sed  for  taxation  in  his  county,  and  each  railroad  or 
bridge  company  of  the  amount  of  its  assessment  for  taxation  for 
State  purposes  and  for  the  purposes  of  such  city,  town,  county,  part  of 
county  and  tax  district. 


28  CERTIFICATION  AND  DUTY  OF  TEACHERS. 

CHAPTER   VIII 
CERTIFICATION  AND  DUTY  OF  TEACHERS. 

§  75 — Qualifications  of  Members — The  County  Superintendent  shall 
appoint  two  strictly  moral  and  well-educated  persons,  holding  county 
certificates  of  the  first  class,  State  certificates,  State  diplomas  or 
diplomas  from  some  literary  institution  of  high  learning,  who,  to- 
gether with  himself,  shall  constitute  a  board  of  examiners  for  the 
county.  No  person  shall  be  eligible  as  examiner  on  said  county  board 
who  is  at  the  time  or  for  six  months  previous  thereto  has  been  con- 
ducting or  teaching  in  any  school,  college  or  university  where  teach- 
ers or  those  preparing  to  teach  are  making  preparations  to  be  exam- 
ined for  certificates  to  teach  in  the  common  schools  of  this  State.  Be- 
fore they  shall  be  authorized  to  act  in  any  capacity  as  such  board, 
or  grant  any  certificates,  said  examiners  ohall  take  and  subscribe  to 
an  oath  that  they  will  faithfully  discharge  their  duties  as  required  by 
the  common  school  law,  and  the  said  affidavit  shall  be  filed  in  the 
office  of  the  Clerk  of  the  County  Court.  (Ky.  Stat,  Sec.  4422.) 

§  76. — Grades  of  Certificates — Subjects — Dates  of  Examination. — 
There  shall  be  three  grades  of  certificates  issued  to  teachers  of  com- 
mon schools;  first,  a  State  teacher's  diploma;  second,  State  teacher's 
certificate;  and  third,  a  county  certificate,  which  may  be  first  class 
or  second  class.  Before  any  person  shall  be  qualified  to  teach  in 
any  common  school,  such  person  shall  obtain  one  of  these  three 
grades  of  certificates. 

The  State  Board  of  Examiners  shall  carefully  prepare  three  series 
of  questions  for  white  teachers  and  an  equal  number  for  colored 
teachers,  all  of  the  same  grade;  shall  enclose  in  an  envelop  such 
number  of  questions  of  each  given  series  as  the  County  Superintend- 
ent shall  make  requisition  for,  at  least  twenty  days  before  the  ex- 
amination, with  the  name  of  the  subject  plainly  written  or  printed 
across  the  seal  thereof;  shall  enclose  the  several  envelopes  in  a 
package,  which  they  shall  seal  and  forward  by  registered  mail  to 
each  County  Superintendent  at  least  one  week  before  the  examination, 
designating  on  the  outside  of  the  package  the  month  and  the  date 
for  which  the  same  shall  be  used.  The  County  Superintendent  shall 
carefully  preserve  the  said  package  of  questions  under  seal  until  the 
hour  of  examination;  and  the  seal  of  the  said  package  shall  then  be 
examined  by  the  other  examiners  and  the  applicants  for  certificates, 
and  the  package  shall  be  opened  in  their  presence.  Immediately 
after  examining  the  package  of  questions,  each  of  the  county  exam- 
iners shall,  under  his  oath  as  an  examiner,  upon  blanks  furnished 
for  that  purpose  by  the  Superintendent  of  Public  Instruction,  give  a 
separate  certificate  with  signatures,  attested  by  two  reliable  wit- 
nesses, that  he  had  personally  inspected  said  package,  and  whether 
he  had  found  the  same  intact  as  provided  herein,  and  forward  the 


KENTUCKY  SCHOOL  LAWS  1914.  29 

certificate  to  the  Superintendent  of  Public  Instruction  on  the  same 
date.  Separate  certificates  shall  be  made  and  forwarded  for  state 
and  county  certificate  examinations. 

.There  shall  be  two  examinations  held  in  each  county  of  the  state 
annually  for  a  State  certificate  on  the  third  Friday  and  Saturday 
in  June  and  September.  There  shall  be  three  examinations  held  for 
white  teachers  in  each  county  of  the  state  on  the  third  Friday  and 
Saturday  in  May,  June  and  September,  of  each  year  and  three  for 
colored  teachers  upon  the  fourth  Friday  and  Saturday  for  the  same 
months  and  no  examinations  for  either  state  or  county  certificates 
shall  be  held  at  any  other  time  whatever.  No  certificates  shall  be 
issued  upon  the  dates  of  the  examination  nor  shall  any  answers  be 
passed  upon  in  the  presence  of  any  of  the  applicants.  The  exam- 
iners shall  exclude  from  the  room  during  the  examination  all  persons 
other  than  applicants  and  see  that  the  applicants  are  seated  at  the 
proper  distance  from  each  other  and  shall  see  that  no  assistance 
is  given  or  obtained  by  any  applicant  during  the  examination  and 
shall  refuse  to  grant  a  certificate  to  any  applicant  who  may  either 
obtain  or  give  such  assistance.  The  examiners  shall  allot  a  reason- 
able time  for  the  examinations  on  each  subject,  taking  the  subjects 
in  the  following  order:  1,  spelling;  2,  reading;  3,  writing;  4,  arith- 
metic; 5,  grammar;  6,  English  composition;  7,  geography;  8,  physi- 
ology and  hygiene;  9,  civil  government;  10,  United  States  History 
and  Kentucky  History;  and  shall  collect  the  answers  of  all  applicants 
when  the  time  allotted  has  expired,  and  no  additional  subjects  shall 
be  given  until  the  answers  to  the  previous  subjects  have  all  been 
collected.  The  County  Superintendent  and  at  least  one  of  the  examin- 
ers shall  be  present  and  shall  conduct  all  examinations  and  sign  all 
certificates.  No  certificate  shall  be  granted  to  any  person  who  in- 
dulges in  drunkenness,  profanity,  gambling  or  licentiousness,  or  who 
is  otherwise  unfit  to  be  a  teacher. 

§  77. — State  Diplomas. — State  diplomas  may  be  issued  by  the  State 
Board  of  Examiners  after  a  personal  examination  held  at  the  State 
capitol  on  the  last  Wednesday  of  July  of  each  year,  upon  the  sub- 
jects embraced  in  the  common  school  course  of  study  and  also  upon 
the  science  and  art  of  teaching,  psychology,  English  literature,  al- 
gebra, higher  arithmetic,  geometry,  physics  and  elementary  Latin.  In 
order  to  be  entitled  to  a  state  teacher's  diploma,  the  applicant  in  ad- 
dition to  attaining  on  the  required  examination  an  average  grade  of 
not  less  than  ninety  per  centum,  the  lowest  grade  on  any  subject 
being  not  less  than  seventy  per  centum,  shall  be  at  least  twenty- 
four  years  old,  shall  have  taught  in  the  state  at  least  two  years,  and 
shall  present  satisfactory  evidence  of  unexceptionable  moral  char- 
acter. A  state  diploma  shall  be  good  in  all  schools  throughout  the 
state  maintained  wholly  or  partly  by  the  state,  until  revoked  by  the 
Superintendent  of  Public  Instruction,  or  until  the  holder  shall  fail 
for  five  successive  years  to  be  engaged  in  active  school  work.  It  shall 


30  CERTIFICATION  AND  DUTY  OF  TEACHE'RS. 

qualify  the  holder  for  eligibility  as  candidate  for  the  office  of  County 
Superintendent  of  Schools,  and  may  for  cause  be  revoked  by  any 
County  Superintendent,  subject  to  the  approval  of  the  State  'Board  of 
Education,  as  far  as  it  applies  to  his  county,  of  which  immediate  in- 
formation shall  be  given  to  the  Superintendent  of  Public  Instruction. 
Said  diploma  shall  be  impressed  with  the  seal  of  the  State  Board  of 
Examiners,  and  the  fee  of  the  applicant  shall  be  five  dollars,  which 
shall  be  paid  to  the  two  members,  who,  with  the  Superintendent  of 
Public  Instruction,  compose  the  State  Board  of  Examiners. 

§  78. — State  Certificates — A  state  teacher's  certificate  may  be 
granted  by  the  State  Board  of  Examiners  upon  the  recommendation  of 
the  County  'Board  of  Examiners,  after  a  written  examination  held  in 
the  county  of  the  applicant's  residence,  or  on  a  personal  examination 
before  the  State  Board  of  Examiners  at  the  state  capitol,  said  appli- 
cant attaining  an  average  grade  of  at  least  ninety  per  centum,  the 
lowest  grade  upon  any  subject  being  not  less  than  seventy  per  centum, 
upon  the  subjects  embraced  in  the  common  school  course  of  study, 
and  also  upon  English  literature,  elementary  algebra,  higher  arith- 
metic and  the  science  and  art  of  teaching.  In  order  to  be  entitled 
to  a  state  certificate,  the  applicant,  in  addition  to  passing  the  re- 
quired examination,  shall  be  at  least  twenty-one  years  old,  and  shall 
have  had  two  years  experience  in  teaching.  Examinations  for  state 
teachers'  certificates  shall  be  held  in  all  counties  of  the  state  on  the 
third  Friday  and  Saturday  of  June  and  September  each  year,  and  the 
questions  for  the  examinations  shall  be  forwarded  by  the  State 
Board  of  Examiners  with  the  questions  for  the  June  and  September 
county  examinations,  at  the  same  time  and  in  the  same  package,  be 
preserved  and  opened  at  the  same  time, as  the  questions  for  county 
certificates.  The  applicants  for  state  certificates  shall  be  examined 
on  the  same  days  upon  which  the  applicants  for  county  certificates 
are  examined  in  June  and  September  and  immediately  upon  the  close 
of  the  examination  for  State  certificates  the  County  Superintendent 
shall  collect  the  papers  of  each  applicant  for  state  certificate,  pre- 
serve them  from  all  inspection  and  immediately  forward  them  to  the 
State  Board  of  Examiners,  with  the  recommendation  that  the  certifi- 
cate should  or  should  not  be  granted.  No  applicant  shall  be  examined 
for  a  state  certificate  unless  the  said  applicant  is  known  to  the 
County  Superintendent  to  possess  an  unexceptionable  moral  character 
and  to  possess  the  age  and  experience  herein  required.  The  County 
Superintendent  shall  enclose  with  the  answers  a  written  statement, 
signed  and  sworn  to  by  at  least  two  members  of  the  County  Board  of 
Examiners,  that  the  examination  had  been  held  in  strict  accordance 
with  the  law  and  that  the  applicant  had  not  either  directly  or  in- 
directly received  any  assistance,  and  that  the  moral  character  of  the 
applicant  was  unexceptionable.  If  the  answers  are  deemed  sufficient, 
and  the  recommendation  of  the  County  Board  of  Examiners  is  favor- 
able, the  State  Board  of  Examiners  may  issue  a  certificate,  which  shall 


KENTUCKY  SCHOOL  LAWS  1914.  31 

entitle  the  holder  to  teach  in  any  school  of  the  state  for  a  period  of 
eight  years,  unless  revoked  by  the  Superintendent  of  Public  Instruc- 
tion or  unless  the  holder  shall  fail  for  two  successive  years  to  be  en- 
gaged in  active  school  work.  At  the  expiration  of  the  time  for  which 
it  was  granted,  if  it  shall  not  have  been  revoked  by  the  Superintendent 
of  Pu'blic  Instruction  and  if  the  holder  shall  not  have  failed  for  two 
successive  years  to  be  engaged  in  active  school  work,  a  state  certifi- 
cate may  be  renewed  for  another  eight  years  by  the  State  Board  of- 
Examiners,  without  additional  fee,  provided  the  County  Board  of  Ex- 
aminers for  the  county  where  the  holder  at  the  time  resides  recom- 
mends the  renewal  of  said  certificate,  stating  that  the  applicant  is 
of  good  moral  character  and  that  said  applicant  has  not  failed  for 
two  successive  years  to  be  engaged  in  active  school  work.  In  no 
case  shall  any  State  certificate  be  valid  for  a  period  longer  than  six- 
teen years.  Any  County  Superintendent  may,  for  cause,  revoke  a  state 
certificate  as  far  as  it  applies  to  his  county,  of  which  immediate  in- 
formation shall  be  given  to  the  Superintendent  of  Public  Instruction 
and  be  subject  to  his  approval.  A  state  certificate  shall  be  impressed 
with  the  seal  of  the  State  Board  of  Examiners  and  the  fee  charged 
the  applicant  shall  be  four  dollars,  besides  the  registration  fee  for 
forwarding  the  answers,  of  which  one  dollar  shall  be  paid  to  the 
County  Board  of  Examiners.  The  proceeds  of  the  fees  for  examina- 
tion for  state  certificates  shall  be  divided  between  the  two  profes- 
sional members  of  the  State  Board  of  Examiners  in  proportion  to  the 
services  rendered  by  them. 

§  79.— County  Certificates — County  certificates  shall  be  first  class 
and  second  class,  and  shall  be  valid  for  four  years  and  two 
years  respectively.  No  county  certificate  shall  be  valid  in 
any  county  other  than  the  one  in  which  it  is  issued,  except  that 
in  cases  of  emergency  a  first  class  certificate  issued  in  one  county 
may  be  validated  in  another  county  by  the  County  Board 
of  Examiners  for  a  period  of  one  year.  No  certificate  of  the 
second  class  shall  entitle  the  holder  to  teach  in  any  school 
or  district  reporting  seventy-five  or  more  pupil  children.  A  county 
certificate  of  the  first  class  shall  require  an  average  grade  of  eighty- 
five  per  centum  upon  all  the  subjects  in  the  common  school  course 
and  upon  the  science  and  art  of  teaching,  and  the  lowest  grade  on  any 
subject  shall  not  be  less  than  sixty-five  per  centum.  A  county  certifi- 
cate of  the  second  class  shall  require  an  average  grade  of  seventy- 
five  per  centum  and  the  lowest  grade  on  any  subject  shall  not  be  less 
than  sixty  per  centum.  If  at  any  time  the  holder  of  a  county  certifi- 
cate shall  be  found  incompetent,  inefficient,  immoral  or  otherwise  un- 
worthy to  be  a  teacher,  the  County  Superintendent  shall  revoke  the 
certificate  of  such  person;  and  no  teacher  whose  certificate  has  been 
revoked  shall  lie  entitled  to  receive  payment  for  service  only  to  the 
time  of  revocation.  No  person  shall  be  entitled  to  receive  a  county 
certificate  of  either  class  who  was  not  eighteen  years  of  age  prior  to 


32  CERTIFICATION  AND  DUTY  OF  TEACHERS. 

the  date  of  the  examination.  Nothing  in  this  Act  shall  be  construed 
to  require  any  teacher  now  holding  a  State  diploma,  State  teacher's 
certificate  or  county  certificate  to  be  re-examined  until  the  expira- 
tion of  said  certificate.  And  it  is  herein  provided  that  no  minimum 
salary  of  all  teachers  in  this  commonwealth  holding  all  such  certifi- 
cates as  are  provided  or  mentioned  in  this  act  shall  be  fixed,  and 
that  this  provision  shall  in  effect  repeal  all  laws  and  provisions  per- 
taining to  the  minimum  salaries  of  teachers  in  this  state.  A  person 
having  taught  for  eight  consecutive  years  in  the  same  county  under 
first  class  certificates  may  have  the  last  one  renewed  for  a  period 
of  four  years  by  the  County  Superintendent,  who  shall  write  upon  it 
"renewed,"  sign  officially  and  give  the  date  of  such  renewal.  When 
a  certificate  has  been  renewed  one  time  the  teacher  shall  again  re- 
ceive two  first  class  certificates  as  stated  above  before  it  can  be 
renewed  a  second  time. 

§  80.— State  Board  to  Validate  Foreign  Certificates— The  State 
Board  of  Education  of  Kentucky  is  hereby  authorized  to  inspect  and 
validate  for  Kentucky  State  diplomas  and  State  certificates  of  other 
States  on  the  reciprocity  plan. 

§  80a.— Penalty  for  Selling  Questions— Any  County  Superintendent 
or  County  Examiner  who  shall  knowingly  grant  to  any  immoral  person, 
or  to  any  person  under  the  prescribed  age,  a  certificate  to  teach  in 
the  common  schools,  or  who  shall  permit  any  one  to  take  an  exam- 
ination who  is  under  the  prescribed  age  prior  to  the  date  of  exami- 
nation, shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  not  less  than  fifty  nor  more  than  one  hundred 
dollars  for  each  offense.  If  there  should  be  any  dou'bt  as  to  the  age 
of  an  applicant,  the  superintendent  may  require  the  applicant  to 
take  and  subscribe  to  an  oath  as  to  his  age  before  entering  the  ex- 
amination. 

Any  County  Superintendent,  County  Examiner,  printer,  officer  of 
state  or  county,  or  any  other  person  who  shall  sell,  barter,  give  or 
furnish,  or  procure  to  be  sold,  bartered,  given  or  furnished,  to  any 
applicant  for  a  certificate,  or  to  any  other  person,  or  any  person  who 
shall  have  in  his  possession  unlawfully,  or  in  any  way  not  provided  by 
law,  any  question  or  questions  prepared  or  sent  out  by  the  Super- 
intendent of  Public  Instruction  or  the  State  Board  of  Examiners,  for 
the  examination  of  persons  applying  for  such  certificate,  or  in  any 
way  dispose  of  such  question  or  questions,  except  in  the  manner  pro- 
vided by  law,  shall  be  guilty  of  a  felony  and  shall  upon  conviction  be 
punished  by  confinement  in  the  penitentiary  not  less  than  one  year 
nor  more  than  two  years.  Any  applicant  for  a  state  diploma,  state 
certificate  or  county  certificate  who  shall  either  give  or  receive  any 
assistance  in  answering  any  question  during  any  examination  for 
such  certificate  shall  be  guilty  of  a  misdemeanor  and  upon  conviction 
shall  'be  punished  by  expulsion  from  examination. 


KENTUCKY  SCHOOL  LAWS  1914.  33 

§  81. — Oath  of  Applicant — All  applications  for  teachers'  county 
or  State  certificates,  or  State  diplomas  in  the  Commonwealth  of  Ken- 
tucky, immediately  before  entering  upon  examination  shall  subscribe 
to  the  following  oath,  which  shall  be  presented  to  them  by  any  of 
the  Board  of  Examiners,  viz.:  "I  do  solemnly  swear  (or  affirm)  that 
i  have  not  had  access,  directly  or  indirectly,  to  the  State  Board  or 
other  questions  to  be  used  in  this  examination,  and  that  I  have  no 
personal  knowledge  of  any  unlawful  usage  of  the  aforesaid  questions 
by  any  other  person  or  persons,  which  knowledge  I  have  not  com-~ 
municated  to  the  grand  jury,  county  attorney  or  County  Superinten- 
dent of  Schools  of  the  county  in  which  the  aforesaid  person  or  persons 
did  unlawfully  use  or  attempt  to  use  said  questions." 

The  Superintendent  of  Public  Instruction  shall  furnish  each  County 
Superintendent  in  the  Commonwealth  with  a  sufficient  number  of 
copies  of  the  oath  prescribed  in  this  act,  printed  on  sheets  with  blank 
space  below  for  names  and  addresses  of  applicants.  Each  copy,  after 
being  subscribed  to  by  applicants  as  provided  in  this  act,  shall  be 
dated  and  signed  officially  by  the  Board  of  Examiners  and  preserved 
in  the  office  of  the  Superintendent  of  Public  Instruction  or  County 
Superintendent  of  common  schools  as  a  public  record. 

Any  Superintendent  of  Public  Instruction  or  County  Superintend- 
ent of  common  schools  or  Board  of  Examiners  for  teachers'  county  or 
State  certificates  or  State  diplomas  failing  to  comply  with  the  pro- 
visions of  the  act  shall  be  guilty  of  a  misdemeanor  and,  upon  con- 
viction thereof,  shall  be  fined  in  a  sum  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars  for  each  offense.  (Ky.  Stat.,  Sec. 
4425.) 

§  82. — Must  Grade  School,  Keep  Grade  Book  and  Make  Reports 
— Summary — It  shall  be  the  duty  of  each  teacher  of  a  common  school 
to  keep  such  register  of  the  school  as  the  State  Superintendent  may 
require  of  and  furnish  to  him  as  needed,  through  the  County  Super- 
intendent. The  teacher's  register  shall  be  the  property  of  the  subdis- 
trict;  shall  be  systematically  graded  for  at  least  fourt  years'  work; 
shall  be  well  preserved,  without  mutilation  or  useless  marking;  shall 
be  in  the  care  of  the  teacher  during  the  school  term,  and  at  the  close 
thereof,  shall  be  delivered  to  the  chairman  of  the  division  board,  who 
shall  be  responsible  for  it,  and  deliver  it  to  the  teacher  at  the  open- 
ing of  the  next  school  term,  and  it  shall  be  open  at  all  times  to  the 
inspection  of  the  trustees  and  the  County  Superintendent.  The  section 
allotted  to  each  year  shall  be  divided  into  two  parts,  designated  as 
monthly  summary  and  term  summary.  The  monthly  summary  shall 
show  the  day  of  the  week  and  the  day  of  the  month  upon  which  the 
term  began;  the  day  of  the  week  and  of  the  month  of  each  day 
taught;  the  number  of  pupils  enrolled;  the  number  in  attendance  each 
day;  the  name,  sex  and  weekly  standing  of  each  pupil  in  each  sub- 
ject, and  such  other  facts  as  the  Superintendent  of  Public  Instruction 
may  desire.  On  the  last  day  of  each  month  taught,  the  teachers  shall 
sum  up  and  place  at  the  end  of  the  record  for  the  month  the  facts 

S.  L.— 2 


34  CERTIFICATION  AND  DUTY  OP  TEACHERS. 

herein  required  to  be  kept,  with  the  day  of  the  week  and  month  o_n 
which  the  school  month  closed;  the  highest  and  lowest  number  of 
pupil  children  in  attendance,  the  average  percentage  of  the  attendance 
of  the  whole  number  of  pupil  children  in  the  district.  The  term  sum- 
mary shall  show  the  monthly  statement  made  at  the  end  of  each 
month,  the  percentage  of  the  enrollment  of  the  whole  number  of 
pupil  children  in  the  district,  the  highest,  lowest  and  average  num- 
ber of  children  in  attendance,  the  average  percentage  of  children  of 
the  district  in  attendance,  the  number  of  pupils  in  each  class,  the 
name  of  the  text-book  used  in  each  class,  the  point  reached  by  each 
pupil  in  each  book  at  the  close  of  the  term,  the  names  of  all  pupils 
that  should  be  advanced,  the  class  of  the  teacher's  certificate,  his 
average  monthly  salary,  and  such  other  facts  as  may  be  required  in 
the  register.  (Ky.  Stat.,  Sec.  4504.) 

§  83. — Superintendent  of  Public  Instruction  to  Furnish  Blanks — 
Character  of  Reports — Term  Report — False  Certificate — The  Super- 
intendent of  Public  Instruction  shall  provide  for  each  teacher  a  blank 
monthly  report  for  each  month  to  be  taught,  and  also  a  blank  term 
report.  At  the  end  of  each  month  taught  the  teacher  shall  fill  the 
monthly  report  of  that  month  from  the  facts  summed  up  in  the 
monthly  summary  of  the  register,  and  shall  present  the  monthly  re- 
port to  the  chairman  of  the  division  board,  who  shall  carefully  ex- 
amine it,  and  if  found  correct  he  shall,  if  requested  by  the  teacher, 
fill  out  and  sign  a  certificate  attached  to  the  monthly  report,  certify- 
ing that  the  month  has  been  legally  taught;  and  upon  the  chairman's 
certificate  the  teacher  shall  draw  his  salary  from  the  County  Super- 
intendent for  the  month  so  certified,  after  the  monthly  report  has 
been  duly  delivered  to  the  County  Superintendent.  Within  ten  days 
after  the  close  of  the  last  month  of  the  term,  the  teacher  shall  make 
out  the  term  report  from  the  term  summary  in  the  register;  shall 
present  the  term  report,  the  last  monthly  report,  and  the  teacher's 
register  to  the  chairman,  who  shall  carefully  inspect  them  and  ap- 
prove the  report,  if  correct,  make  out  the  chairman's  annual  report, 
and  shall  then  give  the  teacher  certificates  for  the  month  or  months 
not  previously  certified,  and  shall  place  the  chairman's  annual  report 
in  the  teacher's  hands  for  the  delivery  to  the  County  Superintendent. 
Nothing  herein  shall  be  construed  to  prevent  a  chairman  of  the  divi- 
sion board  from  certifying  to,  or  a  County  Superintendent  from  paying 
for,  a  fraction  of  a  month  in  any  case  in  which  the  teacher,  from  sick- 
ness or  other  disability,  shall  be  unable  to  continue  the  school.  Any 
teacher  who  shall  make  a  false  monthly  or  term  report,  or  any  chair- 
man who  shall  give  a  certificate  of  a  month  or  months  taught  before 
he  has  carefully  examined  and  approved  the  report  of  each  month, 
or  any  County  Superintendent  who  shall  make  a  payment  upon  a 
teachers'  salary,  except  upon  the  chairman's  certificate,  shall  be  guilty 
of  a  misdemeanor,  and,  on  conviction,  be  fined  fifty  dollars  for  each 
offense.  (Ky.  Stat.  Sec.  4505.) 


KENTUCKY  SCHOOL  LAWS  1914.  35 

§  84. — Required  Duties — Penalty  for  Wilful  Refusal  or  Neglect — 
Authority — Appeal — Teachers  shall  faithfully  enforce  in  school  the 
course  of  study,  the  use  of  the  text-books  adopted  in  the  county,  and 
the  regulations  prescribed  in  pursuance  of  law;  and  if  any  teacher 
shall  wilfully  refuse  or  neglect  to  comply  with  such  regulations,  the 
Division  Board  may  remove  him,  at  any  time,  subject  to  the  approval 
of  the  County  Superintendent;  and  in  case  of  such  dismissal  or  re- 
moval, the  said  teacher  shall  receive  payment  only  for  the  time 
taught.  The  teacher  is  authorized  and  directed  to  hold  each  pupil  to  a 
strict  accountability  for  any  disorderly  conduct  on  the  playground, 
or  during  any  intermission  or  recess,  or  on  the  road  to  and  from 
school;  and  for  good  cause  he  may  suspend  any  pupil;  but  such  sus- 
pension shall  be  immediately  reported,  in  writing,  to  the  chairman  of 
the  division  board.  In  cases  of  suspension,  the  action  of  the  teacher 
shall  'be  final  unless  reversed  by  the  division  board.  Either  party 
may  appeal  from  the  decision  of  the  division  board  to  the  County 
Superintendent  whose  decision  shall  be  final.  But  no  teacher  shall 
be  required  or  under  any  obligation  to  teach  any  other  than  the  com- 
mon school  branches  prescribed  by  the  'State  Board  of  Education  in 
the  common  schools,  unless  it  shall  be  so  specified  in  a  written  con- 
tract with  the  division  board.  (Ky.  Stat.  Sec.  4506.) 


SPECIAL  CERTIFICATES. 
(Act  of  1914.) 

§  84a. — State  Board  to  Grant  High  School  Certificates — That  the 
State  Board  of  Education  of  Kentucky  shall  have  power  to  determine 
the  qualifications  of  and  issue  certificates  to  teachers  to  teach  in  the 
public  high  schools  of  Kentucky,  through  the  State  Board  of  Exam- 
iners, on  such  examinations  as  may  be  held  under  such  rules  and  regu- 
lations as  the  State  Board  of  Education  may  prescribe  for  said  State 
Board  of  Examination,  and  that  the  State  Superintendent  of  Public 
Instruction  may  validate  for  extension  during  a  term  of  years  the 
certificate  of  any  person  holding  such  a  high  school  certificate  under 
the  following  conditions,  to-wit: 

§  84b. — Certificate  Valid  During  Good  Behavior — State  Superin- 
tendent May  Revoke — The  validation  and  extension  of  the  said  certifi- 
cate may  be  made  during  good  behavior  of  the  holder  on  condition 
that  after  the  proper  investigation  the  State  Board  of  Education  may 
fn  their  judgment  find  that  the  holder  of  said  certificate  has  attended 
professional  schools  and  improved  himself  in  the  arts  and  methods  of 
teaching  to  the  satisfaction  of  said  State  Board.  The  State  Superin- 
tendent shall  have  power  to  revoke  at  any  time,  for  cause,  any  such 
certificate. 

§  84c. — Higher  Institutions  in  State  or  Out  to  be  Recognized — 
Standard  of  Work — The  State  Board  of  Education  may,  on  the  appli- 


36  CERTIFICATION  AND  DUTY  OF  TEACHERS. 

cation  of  an  institution  of  higher  learning,  either  within  or  without 
the  State,  that  is  not  conducted  for  private  gain,  inspect  such  educa- 
tional institutions,  investigate  their  work,  standards  and  courses  of 
study,  and  in  its  own  discretion,  grant  certificates  to  the  students  of 
such  institutions,  giving  them  the  right  to  teach  in  the  high  schools 
of  Kentucky.  Such  certificates  shall  be  issued  upon  evidence  furnished 
by  the  applicant  of  the  work  and  attainments  accomplished  in  said 
institutions  'by  the  applicant.  No  such  certificates  shall  be  given  for 
any  work  done  in  such  institutions  of  a  lower  amount  or  standard 
than  that  required  for  similar  certificates  issued  by  the  State  Board 
of  Examiners,  or  granted  to  the  students  of  the  State  University  of 
Kentucky  and  the  State  Normal  Schools  of  Kentucky. 

§  84d. — Teacher's  Certificates  in  Other  States  Recognized — The 
State  Board  of  Education  shall  have  the  power  to  recognize  and  vali- 
date teachers'  certificates  of  other  States  which  shall  not  be  of  a  lower 
standard  than  the  State  certificate  of  Kentucky,  and  they  s'lall  have 
power  to  approve  or  disapprove  such  certificate  of  qualification  as 
may  be  recognized  by  County  Superintendents  and  County  Boards  of 
Education  in  this  State. 

§  84e. — First  Class  County  Certificates  May  be  Validated  in  Other 
Counties — The  State  Board  of  Education  shall  have  power  to  approve 
the  validation  by  the  County  Superintendent  and  County  Board  of 
Education  of  any  county  of  any  certificate  issued  in  any  other  county 
of  a  grade  not  lower  than  the  first  class.  Any  teacher  holding  such 
a  certificate  in  one  county  of  this  Commonwealth  shall  have  the  right 
to  teach  in  any  other  county  of  the  Commonwealth  on  such  certifi- 
cate when  such  certificate  has  been  validated  in  said  county  'by  the 
County  Superintendent  and  County  Board  of  Education,  subject  to  the 
approval  of  the  State  Board  of  Education. 

§  84f. — Teachers  of  Twenty  Years  Experience  to  Teach  for  Life. 
—The  State  Board  of  Education,  in  their  discretion,  shall  have  power 
to  extend  for  life  teachers'  certificates  of  such  teachers  who  have  had 
as  many  as  twenty  years  of  successful  experience  teaching  in  the  com- 
mon schools  of  this  State,  provided  that  no  such  certificate  shall  be 
of  a  lower  class  than  the  first  class. 

All  laws  and  parts  of  laws  in  conflict  with  the  provisions  of  this 
Act  are  hereby  repealed. 


KENTUCKY  SCHOOL  LAWS  1914.  37 


CHAPTER  IX. 

THE  SCHOOL  TEXT-BOOK  LAW. 

(Act  of  1914.) 

§  85. — Members  of  Commission — There  is  hereby  created  a  State 
Text-book  Commission  to  be  composed  of  the  following  members: 

The  Governor,  who  shall  be  ex-omcio  chairman  of  said  commission; 
the  Superintendent  of  Public  Instruction,  who  shall  be  ex-officio  sec- 
retary of  said  commission;  one  member  of  the  faculty  of  each  of  the 
State  Normal  Schools  at  Richmond  and  Bowling  Green;  one  member 
of  the  faculty  of  the  State  University,  and  one  educator  of  high  qualifi- 
cations, actually  engaged  in  educational  work,  from  each  of  the  ap- 
pellate court  districts.  All  members  except  the  two  ex-omcio  members 
shall  be  appointed  by  the  Governor  in  the  month  of  April,  in  the  year, 
1914,  and  every  four  years  thereafter.  Said  appointive  members  shall 
serve  for  a  term  of  four  years  from  and  after  their  appointment,  and 
any  vacancies  on  said  commission  shall  be  filled  in  the  same  manner 
as  original  membership  is  determined. 

§  86. — Oath  of  Office — Each  member  of  said  commission  shall 
qualify  by  taking  and  subscribing  to  an  oath  faithfully  to  discharge  his 
duties  as  required  by  this  law,  and  the  said  affidavit  shall  be  filed, 
in  writing,  in  the  office  of  the  Superintendent  of  Public  Instruction. 

§  87.— Meetings  of  Commission — Election  of  Secretary — The  mem- 
bers of  the  State  Text-book  Commission  as  thus  constituted  shall  meet 
on  the  call  of  the  chairman,  or  on  a  call  signed  by  a  majority  of  the 
members,  in  the  office  of  the  chairman,  within  four  weeks  after  the 
date  of  their  appointment  of  the  years  in  which  existing  contracts 
expire,  and  shall  organize  at  the  April  meeting  of  said  commission. 
The  commission  shall  elect  a  secretary,  who  shall  keep  complete 
records  of  all  meetings,  and  'all  such  records  and  all  contracts  shall 
be  signed  by  the  chairman  and  secretary. 

§  88.— Advertise  for  Bids — The  State  Text-book  Commission  shall 
advertise  in  one  or  more  daily,  or  other  newspapers,  or  'by  written 
notification  to  all  qualified  publishers,  as  hereinafter  provided,  that  at 
a  time  fixed  in  the  notice,  and  at  a  place  fixed  definitely  in  the  notice, 
sealed  bids  or  proposals  will  be  received  from  the  publishers  of  school 
text-books  for  furnishing  books  to  the  common  schools  and  the  high 
schools  of  the  State  of  Kentucky,  in  accordance  with  the  provisions 
of  this  law  and  such  regulations  as  the  commission  may  prescribe. 
Such  advertisement  or  notification  shall  reserve  to  the  commission 
the  right  to  reject  any  and  all  bids. 

§  89. — Bids  to  Supply  Books — Such  bids  and  proposals  shall  be 
for  furnishing  books  during  a  period  of  five  years,  and  no  longer.  The 
bids  shall  state  specifically  the  list  price,  the  net  contract  prices  at 
which  books  are  to  be  furnished  to  dealers  within  a  county,  and  the 
exchange  and  retail  prices  to  pupils,  and  shall  be  accompanied  by  a 


38  THE  SCHOOL  TEXT-BOOK  LAW. 

specimen  copy  of  every  book  proposed  to  be  furnished.  All  bids  shall 
bo  sealed  and  deposited  with  the  chairman  of  the  commission  to  be 
by  him  delivered  to  the  commission  in  executive  session,  when  they 
shall  be  opened  in  the  presence  of  the  commission.  It  shall  be  the 
duty  of  the  chairman  of  the  commission  to  carefully  preserve  in  his 
office  for  comparison  the  specimen  copy  of  each  of  the  books  adopted, 
together  with  the  original  bid  or  proposal,  and  when  requested  to  re- 
turn to  the  publishers  the  specimen  copies  of  other  books  submitted 
at  their  expense. 

§  90. — Commission  May  Reject  Bids — The  commission  shall  have 
and  reserve  the  right  to  reject  any  and  all  bids  for  reasons  satisfac- 
tory to  a  majority  of  the  commission.  In  case  of  failure  to  select, 
from  the  bids  submitted,  a  satisfactory  text-book  upon  any  of  the 
branches  prescribed  by  law,  the  commission  shall  re-advertise  for 
sealed  bids  under  the  same  terms  and  conditions,  and  proceed  with 
the  adoption  as  in  the  first  instance. 

§  91. — Adoption  to  be  Made — Cities  Exempt — It  shall  be  the  duty 
of  the  said  commission  in  the  years  in  which  existing  contracts  ex- 
pire, by  a  majority  vote  of  the  entire  commission,  to  adopt  from  the 
authorized  State  list  of  books  submitted,  as  hereinafter  provided,  a 
uniform  series  or  system  of  text-books  for  use  in  the  common  schools 
and  the  high  schools  of  the  State,  except  in  cities  of  the  first,  second 
third  and  fourth  classes,  and  to  arrange  for  the  distribution  and  sale 
of  such  books  to  dealers  at  the  net  contract  price.  The  commission 
may  from  time  to  time  make  any  regulations  not  contrary  to  the 
provisions  of  this  Act  to  secure  the  prompt  and  faithful  performance 
of  all  contracts,  and  the  prompt  distribution  of  the  books  herein  pro- 
vided for. 

§  92. — Cities  Exempt — The  provisions  of  this  Act  shall  not  apply 
to  the  Boards  of  Education  in  cities  of  the  first,  second,  third  and 
fourth  class  cities,  but  the  Act  of  1910  regarding  cities  of  the  first 
third  and  fourth  class,  and  the  Act  of  1912  regarding  cities  of  the 
second  class  shall  be  and  remain  in  force  unaffected  by  this  Act. 

§  93. — Merits  of  Books  to  be  Considered — The  Commission,  in  the 
selection  and  adoption  of  a  uniform  series  of  text-books  for  the  State, 
shall  consider  the  merits  of  the  books,  taking  into  consideration  their 
subject  matter,  the  printing,  binding,  material  and  mechanical  quali- 
ties, their  general  suitability,  and  desirability  for  the  purposes  in- 
tended, and  the  price. 

§  94. — Branches  of  Study  Included — The  uniform  series  of  text 
books  to  be  selected  by  the  commission  shall  include  all  branches  re- 
quired or  that  may  hereafter  be  required  by  law  to  be  taught  in  the 
common,  elementary  and  high  schools  of  the  State,  except  as  herein 
provided;  and  no  text  book  shall  contain  anything  of  a  partisan,  sec- 
tional or  sectarian  character. 

§  95.— Contracts  to  be  Awarded— After  the  adoption  shall  have 
been  made  the  commission  shall  award  the  contracts,  and  shall,  by 


KENTUCKY  SCHOOL  LAWS  1914.  39 

registered  letter,  notify  the  bidders  to  whom  contracts  may  have  been 
awarded.  It  shall  be  stipulated  in  all  contracts  that  the  retail  prices 
shall  not  exceed  the  retail  prices  at  which  the  same  book  or  books 
are  sold  in  any  State,  county,  township  or  school  district  in  the 
United  States. 

§  96. — Contract  to  be  Supplied  by  Superintendent  of  Public  In- 
struction — It  shall  be  the  duty  of  the  State  'Superintendent  of  Public 
Instruction  to  prepare  and  have  printed  a  form  of  contract  between- 
the  State  Text-book  Commission  and  the  publishers  of  school  books, 
said  form  of  contract  to  be  approved  by  the  Attorney  General,  and 
no  other  form  of  contract  shall  be  used  by  the  State  Text-book  Com- 
mission and  publishers  in  carrying  out  the  provisions  of  this  Act. 

§  97. — State  of  Kentucky  Not  Liable  on  Contract — It  shall  always 
be  a  part  of  the  terms  and  conditions  of  every  contract  made  in  pur- 
suance of  this  act,  that  the  Commonwealth  of  Kentucky  shall  not  be 
liable  to  any  contractor  or  book  company  in  any  manner  whatever, 
for  any  sum  of  money,  and  all  such  contractors  or  book  companies 
shall  receive  their  pay  and  compensation  solely  und  exclusively 
from  the  proceeds  of  the  sale  of  said  books,  as  provided  for  in  this 
Act. 

§  98. — Dealers  to  be  Appointed — For  the  distribution  and  sale  of 
books  adopted  by  the  State  Text-book  Commission  to  the  patrons 
of  the  schools  of  the  State,  the  County  Board  of  Education,  or  the 
City  Board  of  Education,  as  herein  provided,  shall  appoint  two  or 
more  responsible  merchants  or  other  agents  in  the  counties  and 
cities  hereinabove  mentioned,  of  good  financial  rating,  in  locations 
selected  with  reference  to  the  convenience  of  the  patrons  of  the 
schools,  as  dealers  of  text-books  and  such  dealers  shall  receive  fif- 
teen per  cent  of  the  retail  price  at  which  the  same  books  are 
sold  and  out  of  the  said  fifteen  per  cent  of  the  retail  price,  at  which 
said  books  are  sold,  such  dealer  shall  pay  the  transportation  charges 
and  all  other  charges  on  the  said  books. 

Said  dealers  shall  exchange  new  books  for  old  ones  of  the  same 
grade,  displaced  by  said  adoption,  at  the  exchange  price  herein  pro- 
vided for,  during  the  first  year  of  the  life  of  each  and  every  contract 
made  under  the  provisions  of  this  Act.  All  bids  and  proposals  shall 
set  out  clearly  and  specifically  an  exchange  price  at  which  such  book 
or  books  shall  be  furnished  to  pupils  and  patrons  who  may  have 
old  books  of  the  same  subject,  and  which  may  be  exchanged  for  new 
books,  and  the  exchange  price  shall  in  all  cases  be  subject  to  the 
terms  of  the  contract  made  between  the  State  and  any  publisher 
bidding.  Such  new  books  as  are  held  in  Kentucky  now,  or  at  any 
future  adoption,  by  purchase  by  dealers,  and  in  good  condition  shall 
be  taken  in  exchange  at  the  original  net  price  by  successful  bidder* 
from  such  dealers  as  hold  in  stock  such  books. 

§  99. — Price  of  Books  to  be  Printed  on  Cover— Penalty  for  Vio- 
lation of  Selling  Price — There  shall  be  placed  in  clear,  readable  type, 
on  the  outside  cover  of  the  back  of  every  book  sold  in  the  State 


40  THE  SCHOOL  TEXT-BOOK  LAW. 

under  the  terms  of  this  Act,  the  retail  price  and  the  exchange  price 
of  said  book,  with  the  following  caution  to  the  public,  to-wit:  "The 
prices  printed  hereon  are  fixed  by  State  contract  and  any  higher 
prices  are  unlawful;  any  deviation  therefrom  should  be  reported  to 
your  County  Superintendent  or  to  the  State  Text-book  Commission 
at  Frankfort. 

Any  agent  or  dealer,  clerk  or  other  person  having  or  selling  books 
adopted  under  this  Act,  who  shall  ask  or  receive  for  any  such  book 
more  than  the  lawful  price  therefor,  as  herein  defined,  or  who  shall 
refuse  to  exchange  new  books  for  old  at  the  exchange  price  herein 
provided  for,  during  the  said  exchange  period,  or  who  shell  refuse 
to  receive  from  patrons  or  pupils  books  owned  by  them  that  were 
adopted  under  such  laws  as  are  now  in  force  in  the  State  of  Ken- 
tucky prior  to  this  Act,  and  used  in  the  common  and  high  schools 
of  this  State  and  to  allow  to  them  the  exchange  value  thereof  for 
such  old  books  in  exchange  for  the  corresponding  new  books  of  the 
same  grade,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  in  a  sum  of  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars,  and  such  fine  shall  be  covered  into  the 
school  fund  of  the  county  in  which  same  is  assessed.  And  this  sec- 
tion shall  apply  to  all  future  State  adoptions  of  text-books  in  Ken- 
tucky, as  herein  provided  under  this  Act. 

§  100. — Commission  to  Make  Printed  Lists — On  or  before  the 
first  day  of  August  of  each  year  it  shall  be  the  duty  of  the  State  Board 
of  Education  to  have  printed  a  complete  list  of  all  the  books  adopted 
under  the  provisions  of  this  Act,  stating  the  net  contract  price,  the 
exchange  and  the  retail  price  of  each,  and  to  distribute  such  lists 
to  County  Superintendents  in  such  quantity  as  they  may  request.  It 
shall  be  the  duty  of  the  County  Superintendent  in  each  county  to 
furnish  such  lists  to  all  dealers  and  the  principal  teachers  of  all 
schools  in  the  county,  and  such  dealers  and  teachers  shall  post  the 
same  conspicuously  in  their  sales  rooms  or  school  houses.  Failure 
to  comply  with  the  provisions  of  this  section  by  any  of  the  parties 
herein  named  shall  be  punishable  by  a  fine  of  not  less  than  ten 
dollars  nor  more  than  twenty  dollars,  and  upon  conviction  said  fine 
shall  be  covered  into  the  school  fund  of  the  county  in  which  such 
fine  is  assessed. 

§  101. — Text-books  Excluded — Supplementary  Books  May  be  Used 
— The  books  adopted  by  the  commission  as  the  uniform  system  of 
text-books  for  the  State,  shall,  be  introduced  and  used  as  text-books 
to  the  exclusion  of  all  others  in  all  the  common  schools  and  high 
schools  of  the  State,  except  as  herein  provided,  for  a  period  of  five 
years  from  the  date  of  adoption,  and  it  shall  not  be  lawful  for  any 
teacher  or  other  school  officer  to  use  or  for  any  board  of  education 
to  permit  to  be  used,  any  books  upon  the  same  branches  other  than 
those  adopted  by  the  commission.  However,  nothing  herein  shall  pre- 
vent the  use  of  supplementary  text-books,  but  such  supplementary 
books  shall  not  be  used  to  the  exclusion  of  the  books  prescribed  under 


KENTUCKY  SCHOOL  LAWS  1914.  41 

the  provisions  of  this  Act.  Any  member  or  members  of  any  board 
of  education,  any  trustee  or  teacher,  violating  the  provisions  of  this 
section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction be  punished  by  a  fine  of  not  less  than  ten  dollars  nor  more 
than  fifty  dollars,  and  all  such  fines  shall  be  covered  into  the  treas- 
ury to  the  credit  of  the  school  fund  of  the  county  in  which  such  fine 
may  be  assessed. 

§  102. — Copies  of  Text-books  to  be  Filed — Agreement  to  Reduce 
Prices — Before  the  publishers  of  any  school  text-books  shall  offer  or 
submit  bids  or  proposals  to  the  State  Text-book  Commission  for  fur- 
nishing books  to  the  common  schools  of  the  State,  such  publisher 
or  publishers  shall  file  a  copy  of  the  text-book  in  the  office  of  the 
State  Superintendent  of  Public  Instruction,  with  a  sworn  statement 
of  the  lowest  net  price  at  which  said  book  is  sold  anywhere  in  the 
United  States.  Said  publisher  shall  file  with  the  State  Superintendent 
of  Public  Instruction,  as  chairman  of  the  State  Text-book  Commis- 
sion, a  written  agreement  to  furnish  said  book  or  books  to  the  deal- 
ers in  the  State,  as  hereinbefore  provided,  at  the  prices  so  filed,  ex- 
clusive of  transportation  charges.  Said  publisher  must  further  agree 
to  reduce  said  prices  in  Kentucky  if  reductions  are  made  elsewhere 
in  the  United  States,  so  that  at  no  time  may  any  book  be  sold  in 
Kentucky  by  the  contractor  at  a  higher  net  price  than  is  received 
for  the  same  book  elsewhere.  Said  publisher  shall  agree  further 
that  all  books  offered  for  sale  in  Kentucky  shall  be  equal  in  quality 
to  those  deposited  in  the  office  of  the  State  Superintendent  of  Public 
Instruction,  as  regards  paper,  binding,  printing,  illustrations  and  all 
points  that  may  affect  the  value  of  said  books. 

§  103. — Penalty  For  Sale  of  Inferior  Books — If  any  publisher  shall 
furnish  to  any  dealer  or  agent  in  this  State  any  book  or  books  in- 
ferior in  any  particular  to  the  samples  on  file  in  the  office  of  the 
State  Superintendent  of  Public  Instruction,  or  shall  offer  them  at 
higher  prices  than  those  listed  with  the  State  Superintendent  of  Pub- 
lic Instruction,  it  shall  become  the  duty  of  the  State  Board  of  Educa- 
tion of  the  State  of  Kentucky  to  authorize  the  State  Superintendent 
of  Public  Instruction  to  investigate  the  failure  of  said  publisher  to 
comply  with  the  terms  of  his  contract.  The  State  Superintendent 
shall  thereupon  notify  the  publisher  of  said  non-compliance  with  the 
terms  of  his  contract,  and  if  said  publisher  shall  disregard  the  noti- 
fication and  fail  immediately  to  comply  with  the  terms  of  his  contract 
with  the  State  through  the  State  Text-book  Commission,  then  the 
State  Superintendent  shall  institute,  through  the  Attorney  General  of 
the  State,  legal  proceedings  and  prosecutions  to  recover  damages  and 
proper  relief  on  the  bond  of  the  said  publisher. 

§  104. — Filjng  Fees  to  be  Paid  by  Publisher — Expenses  of  Com- 
mission to  be  Paid  by  Superintendent  of  Public  Instruction — When 
the  publisher  of  any  school  text-book  or  books  shall  offer  the  same 
for  the  purpose  of  submitting  bids  and  proposals  to  furnish  same  to 


42  THE  SCHOOL  TEXT-BOOK  LAW. 

the  schools  of  Kentucky,  as  herein  provided,  to  the  State  Text-book 
Commission,  and  at  the  time  of  filing  such  text-book  in  the  office  of 
the  State  Superintendent  of  Public  Instruction,  said  publisher  shall 
pay  into  the  treasury  of  the  State  of  Kentucky  a  filing  fee  of  five  dol- 
lars for  each  book  offered  by  said  publisher;  provided,  that  when 
a  series  of  books  by  the  same  author  and  upon  the  same  subject  is 
offered  for  adoption,  the  publisher  may  file  a  fee  of  five  dollars  for 
the  first  book  and  one  dollar  for  each  additional  book  in  said  series, 
and  when  such  series  embrace  both  common  and  high  school  text- 
books, it  shall  be  regarded  as  two  series.  The  fees  thus  received 
shall  constitute  a  fund  out  of  which,  upon  requisition  made  by  the 
State  Superintendent  of  Public  Instruction,  shall  be  paid  the  ex- 
penses of  publishing  lists  and  other  information  for  the  use  of  the 
State  Text-book  Commission,  clerk  hire  and  other  necessary  expenses 
in  connection  with  the  filing  of  all  text-books  submitted  for  adoption 
in  the  State  of  Kentucky,  and  further,  for  defraying  the  actual  neces- 
sary traveling  expenses  of  tnose  members  of  the  State  Text-book 
Commission  who  do  not  now  draw  salaries  or  derive  other  emolu- 
ments as  officials  of  the  State.  If  there  should  be  any  balance  of 
such  fund  remaining  upon  the  first  day  of  January  of  the  fifth  year 
following  the  completion  of  the  adoption  of  text- books,  it  shall  be 
placed  to  the  credit  of  the  State  school  fund. 

§  105. — Oath  Not  to  Control  Prices — When  any  publisher  of  school 
text-books  shall  file  with  the  State  Superintendent  of  Public  Instruc- 
tion samples  and  lists  provided  for  under  this  Act,  said  publisher 
at  the  same  time  shall  be  required  to  file  a  sworn  statement  that  he 
has  no  understanding  or  agreement  of  any  kind  with  any  other  pub- 
lisher, or  interest  in  the  business  of  any  other  publisher,  with  the 
effect,  design  or  intent  to  control  the  prices  of  such  books,  or  to  re- 
strict competition  in  the  adoption  or  sale  thereor. 

§  106. — Penalty  for  Violation  of  Oath— If  at  any  time  a  publisher 
shall  enter  into  any  understanding,  agreement  or  combination  to  con- 
trol the  prices,  or  to  restrict  competition  in  the  adoption  or  sale  of 
school  text-books,  or  if  the  statement  required  of  said  publisher  in 
the  proceeding  sections  shall  be  untrue  in  any  respect,  then  the  At- 
torney General  shall  institute  and  prosecute  legal  proceedings  for  the 
forfeiture  of  the  bond  of  said  publisher,  and  for  the  revocation  of  his 
authority  to  sell  school  books  in  the  State  of  Kentucky,  and  all  con- 
tracts made  by  said  publisher  under  this  Act  shall  thereupon  become 
null  and  void,  at  the  option  of  the  State  Board  of  Education. 

§  107. — Penalty  for  Bribery — Money  Not  to  be  Contributed — 
Any  firm  or  corporation  publishing  text-books  and  qualified  to  sell 
text-books  under  this  Act  in  the  State  of  Kentucky,  under  contract 
made  with  the  State  Text-book  Commission  who  shall  directly  or 
indirectly  contribute  any  money  or  thing  of  value  whatever  to  the 
campaign  fund  of  any  political  party,  or  to  the  campaign  fund  of 
any  person  who  is  a  candidate  for  office  in  this  State,  or  in  any  dis- 
trict, city  or  county  thereof,  or  to  the  campaign  fund  of  any  person 


KENTUCKY  SCHOOL  LAWS  1914.  43 

who  is  a  candidate  for  nomination  for  office  in  this  State,  or  in  any 
district,  county  or  city  thereof,  or  shall  give  any  money  or  valuable 
property  whatsoever  to  any  member  of  the  State  Text-book  Commission, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  five  thousand  dollars  nor  more 
than  twenty  thousand  dollars,  in  the  discretion  of  the  jury,  and  sucn 
act  on  the  part  of  said  firm,  corporation  or  publisher,  or  any  agent- 
thereof,  shall  also  be  considered  a  breach  of  the  bond  made  by  said 
firm,  corporation  or  publisher,  with  the  State,  and  the  venue  of  the 
action  shall  be  within  any  county  in  the  State  wherein  said  act  was 
committed,  or  in  the  Franklin  Circuit  Court,  and  the  State  Board  of 
Education  or  any  member  of  the  State  Text-book  Commission,  or 
any  citizen  of  the  State  of  Kentucky  in  any  county  where  the  offense 
is  committed,  shall  have  the  right  to  prosecute  by  legal  process  an 
action  for  the  breach  of  said  bond,  and  the  amount  so  recovered  for 
such  fines  and  for  such  breach  shall  be  turned  over  to  the  Treasury 
of  Kentucky  for  the  benefit  of  the  State  school  fund. 

§  108. — Penalty  for  Member  of  Commission  Who  Accepts  Bribe — 
Any  member  of  the  State  Text-book  Commission  who  shall  solicit, 
accept  or  receive  any  money,  gift  or  any  other  property  of  value,  or 
favor  whatsoever,  from  any  person,  firm,  corporation  or  publisher 
qualified  to  sell  text-books  in  Kentucky,  or  from  any  agent  thereof,  or 
any  other  person  in  any  way  interested  in  the  sale  of  text-books, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  by  im- 
prisonment in  the  county  jail  for  not  more  than  six  months,  or  by 
both  such  fine  and  imprisonment;  and  such  fine  shall  be  turned  over 
to  the  Treasury  of  the  State  of  Kentucky  for  the  benefit  of  the  school 
fund  of  the  State. 

§  109. — Penalty  for  Teacher  in  Bribing  Commission — Any  teacher 
or  educator  in  the  employment  of  any  book  company,  or  publisher 
of  school  books,  who  shall  either  directly  or  indirectly  use  his  in- 
fluence or  attempts  to  influence  the  State  Text-book  Commission  or 
any  member  thereof,  for  the  adoption  of  any  book  or  books  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction,  shall  be  fined 
not  less  than  one  hundred  dollars  or  more  than  five  hundred  dollars 
unless  he  shall  have  registered  with  the  chairman  of  the  State  Text- 
book Commission  stating  whether  or  not  he  has  been  employed  by 
any  school  book  company  or  publisher  of  school  books,  if  so  with 
what  company  and  the  terms  and  conditions  of  his  employment. 

§  110. — Commission  in  Executive  Session — Publisher  Excluded — 
Penalty— The  State  Text-book  Commission  shall  have  authority,  after 
having  examined  thoroughly  all  books  submitted  for  adoption,  to  go 
into  executive  session  and  exclude  all  agents  of  all  publishers,  after 
a  date  set  by  said  commission,  from  further  interviews  and  repre- 
sentations, and  it  shall  be  a  misdemeanor,  after  such  date  has  b»»»»n 
declared,  for  the  agent  of  any  publisher,  or  for  any  person  of 


44  COUNTY  SCHOOL  DISTRICT  LAW. 

whatever,  representing  such  publisher,  to  be  present  in  any  such  ex- 
ecutive sessions,  and  upon  being  found  guilty,  such  agent,  person  or 
publisher  shall  be  punished  by  a  fine  of  not  less  than  one  thousand 
dollars  nor  more  than  ten  thousand  dollars,  or  by  imprisonment  in 
the  county  jail  for  not  more  than  six  months,  or  by  both  such  fine 
and  imprisonment;  and  all  such  fines  shall  be  covered  into  the  Treas- 
ury of  Kentucky  for  the  benefit  of  the  State  school  fund. 

§  111. — Bond  to  be  Filed  by  Publisher — To  insure  compliance  with 
the  aforesaid  conditions  under  which  school  text-books  may  be  sold 
in  the  State  of  Kentucky,  the  publisher  shall  file  with  the  State  Board 
of  Education  of  Kentucky  a  bond  of  not  less  than  ten  thousand  dol- 
lars nor  more  than  fifty  thousand  dollars,  the  amount  to  be  fixed  by 
the  State  Board  of  Education  upon  compliance  with  the  provisions 
of  the  preceding  sections,  and  the  bond  to  be  approved  by  the  said 
board.  The  publisher  shall  thereupon  be  qualified  to  sell  books  as 
herein  provided  in  this  Act,  in  the  State  of  Kentucky. 

§  112. — Penalty  for  Failure  to  Qualify — Any  publisher  who  shall 
offer  for  adoption  to  the  State  Text-book  Commission  any  school  text- 
books of  any  kind,  without  first  qualifying  therefor  under  the  pro- 
visions of  this  Act,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  not  less  than  five  hundred  dollars  nor  more  than 
five  thousand  dollars,  and  such  fine  shall  be  covered  into  the  Treas- 
ury of  the  State  of  Kentucky  for  the  benefit  of  the  State  school  fund. 

§  113. — Emergency  Clause — Inasmuch  as  the  present  adoption  of 
text-books  expires  during  the  present  year,  and  the  adoption  to  be 
made  under  this  Act  must  be  made  in  time  to  be  effective  at  the 
opening  of  schools  during  the  month  of  July  next,  and  to  extend 
over  a  period  of  five  years  therefrom,  an  emergency  is  hereby  de- 
clared to  exist,  and  this  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval  by  the  Governor. 

§  114. — Repealing  Clause — All  laws  and  parts  of  laws  in  conflict 
with  the  provisions  of  this  Act  are  hereby  repealed. 

Approved  March  y,  1914. 


CHAPTER  10. 
COUNTY    SCHOOL    DISTRICT    LAW. 

§  117. — County  to  Compose  School  District — Exception — That  each 
and  every  county  in  this  Commonwealth  shall  compose  one  school 
district,  excepting  that  where  there  is  a  city  or  town  in  any  county 
which  maintains  a  separate  system  of  public  schools,  then  the  balance 
of  said  county,  outside  of  such  city  or  town  district,  shall  constitute 
a  school  district.  (Ky.  Stat.  Sec.  4426a.) 

§  118. — County  to  be  Divided  into  Educational  Divisions — Power  to 
Change  Boundaries  of  Educational  Divisions — Graded  Schools  Exempt 
—Three  Kinds— Per  Capita  Apportioned  each  Subdistrict— "That 


KENTUCKY  SCHOOL  LAWS  1914.  45 

within  thirty  days  after  this  act  goes  into  effect  the  County  Superin- 
tendent of  Schools,  the  County  Judge  and  the  County  Attorney  in  each 
county  of  the  Commonwealth  shall  meet  at  the  court  house  of  their 
respective  counties  upon  the  call  of  the  County  Superintendent  of 
Schools,  and  shall  divide  each  county  school  district,  as  provided  in 
section  one,  into  educational  divisions  containing  as  nearly  as  pos- 
sible an  equal  number  of  children  of  school  age,  including  both  white — 
and  colored  children,  as  shown  by  the  last  census  of  school  children, 
and  in  each  county  the  said  officers  may  make,  as  may  seem  expedi- 
ent, either  four,  six  or  eight  of  such  educational'divisions,  and  in  fix- 
ing the  boundaries  of  said  educational  divisions  they  shall  be  made  to 
follow,  as  nearly  as  practicable,  the  boundaries  of  existing  school 
districts  for  white  children.  They  shall  have  the  power  to  change  the 
boundaries  of  educational  divisions  whenever  such  change  becomes 
necessary.  The  County  Judge,  County  Superintendent  of  Schools  and 
County  Attorney  shall  then  subdivide  each  of  the  said  educational 
divisions  into  school  subdistricts,  following  as  nearly  as  practicable 
the  boundaries  of  existing  school  districts  for  white  children.  Provid- 
ed, That  any  graded  common  school  district  that  may  exist  in  any 
educational  division  or  that  may  hereafter  be  established  according 
to  law,  whether  operating  under  special  charter  or  established  by 
popular  vote,  as  provided  for  in  the  laws  relating  to  the  graded  com- 
mon schools,  and  school  districts  now  operating  within  municipal 
districts  established  and  corporated  under  special  charter  and  sup- 
plementing the  State  school  fund  by  local  tax  of  not  less  than  twenty 
cents  on  each  hundred  dollars  of  assessed  valuation  of  property,  shall 
retain  their  present  boundaries  and  be  exempt  from  the  provisions  of 
this  Act.  The  provisions  of  this  act  shall  not  apply  to  any  graded 
school  district  created  by  special  act  and  having  a  school  fund  other 
than  that  provided  by  general  law.  The  boundaries  of  any  such 
school  subdistrict  as  above  fixed,  shall  include  all  children,  both 
white  and  colored,  residing  in  said  subdistrict,  and  said  subdistrict 
shall  not  include,  except  in  cases  of  emergency  fewer  than  fifty 
white  children  of  school  age,  nor  in  any  case  fewer  than  twenty-five 
such  children  subject  to  the  approval  of  the  (State  Board  of  Educa- 
tion. XNo  subdistrict  shall  be  apportioned  their  per  capita  of  the 
State  fund  on  fewer  than  fifty  white  pupil  children,  nor  shall  any 
subdistrict  be  apportioned  the  per  capita  on  more  than  one  hundred 
white  pupil  children  for  the  payment  of  one  teacher.  (Section  as 
amended  by  act  of  1912.) 

§  119.— Trustees  to  be  Elected— Who  May  Vote— "On  the  first 
Saturday  In  August  after  the  passage  of  this  act  an  election  shall  be 
held  at  the  school  building  in  each  school  subdistrict  in  this  Common- 
wealth from  the  hours  of  one  until  five  o'clock  in  the  afternoon  for 
the  purpose  of  electing  one  trustee  for  each  school  subdistrict  as  fixed 
by  section  two  of  this  act.  The  trustees  then  elected  shall  hold 
their  offices  one-half  for  one  year  and  one-half  for  two  years,  as 


46  COUNTY   SCHOOL   DISTRICT  LAW. 

shall  be  determined  by  lot  at  the  first  meeting  of  the  division  board 
as  provided  for  in  section  four  of  this  act.  Each  year  thereafter 
there  shall  foe  elected  for  two  years  one  trustee  in  each  subdistrict  in 
which  the  term  of  his  predecessor  in  office  will  then  expire.  Said 
trustees  shall  serve  until  their  successors  are  duly  elected  or  ap- 
pointed and  qualified  as  herein  provided. 

Any  person  shall  be  eligible  to  this  office  of  school  trustee  who  is 
over  twenty-one  years  of  age,  and  who  has  been  a  resident  of  the 
subdistrict  for  which  he  is  elected  for  sixty  days  before  -the  elec- 
tion, and  who  is  able  to  read  and  write,  as  shown  by  a  certificate 
of  five  reputable  citizens  of  the  subdistrict,  and  all  male  persons 
over  twenty-one  years  of  age  who  shall  have  resided  in  a  school  sub- 
division for  sixty  days  next  before  an  election  shall  have  the  right  to 
vote  at  such  elections.  All  elections  for  school  trustees  shall  be  viva 
voce  vote.  The  officers  of  the  election  shall  be  two  judges  and  a 
clerk,  who  shall  be  residents  of  the  subdistrict  and  legal  voters  and 
shall  be  chosen  by  the  voters  at  the  opening  of  the  polls.  The  said 
officers  shall  be  the  judges  of  the  qualifications  of  each  voter  as  pre- 
scribed in  this  act  and  shall  certify  the  returns  of  the  election  to  the 
County  Superintendent  of  Schools  within  five  days  after  said  elec- 
tion. (Section  as  amended  by  Act  of  1912.) 

§  120. — Colored  Visitors — Election — At  the  same  time  and  place 
and  by  the  election  officers  who  conduct  the  election  for  subdistrict 
trustees,  an  election  shall  be  held  for  the  purpose  of  electing  a  visitor 
for  the  colored  school  or  schools  of  the  subdistrict.  Such  visitor 
shall  be  nominated  and  elected  in  the  same  manner  as  the  subdistrict 
trustee,  save  that  the  nominating  petition  shall  be  signed  by  colored 
voters,  and  that  colored  voters  alone  shall  be  eligible  to  vote  for  such 
visitor.  So  far  as  the  colored  school  or  schools  of  the  subdistrict  are 
concerned,  the  duties  of  the  visitor  shall  be  identical  with  those  of  the 
subdistrict  trustee,  save  that  such  visitor  shall  not  be  a  memiber  of 
the  Division  Board.  (Section  as  amended  by  Acts  of  1910.) 

§  121. — Organization  of  Board — Vacancies — "The  County  Super- 
intendent of  Schools  shall  meet  the  trustees  so  elected  from  the  vari- 
ous school  subdistricts  of  each  educational  division  at  some  point 
to  be  designated  by  him  within  such  educational  division  within  thirty 
days  after  the  date  of  their  election,  proper  notice  having  been  given 
in  writing  to  each  trustee  as  to  the  time  and  place  of  such  meeting 
for  the  purpose  of  organizing  the  trustees  so  elected  into  a  division 
board  of  school  trustees  by  choosing  one  of  said  trustees  to  be  chair- 
man and  one  to  be  secretary  of  said  division  board. 

The  County  Superintendent  of  Schools  shall  be  a  member  of  such 
division  board  of  his  county,  fbut  shall  only  vote  upon  any  matter  in 
case  of  a  tie  vote,  and  then  he  shall  cast  the  deciding  vote. 

"Any  vacancy  that  may  exist  in  the  trusteeship  of  any  school 


KENTUCKY  SCHOOL  LAWS  1914.  47 

subdistrict  shall  be  filled  by  appointment  by  the  County  Board  of 
Education  and  to  them  petition  may  be  made  by  the  voters  of  the  sub- 
district. 

'^Should  the  office  of  chairman  of  a  division  board  become  vacant 
the  County  Superintendent,  as  soon  as  the  election  has  been  held  to 
elect  a  subdistrict  trustee  as  above  provided,  shall  call  a  meeting  of 
said  division  board  and  shall  then  proceed  to  elect  another  chairman, 
and  until  a  chairman  is  so  elected,  such  division  board  may  choose 
one  of  its  mem'bers  as  a  temporary  chairman."  (Section  as  amended 
by  act  of  1912.) 

§  122. — Duty  of  Trustee — Census — It  shall  be  the  duty  of  the  trus- 
tee in  each  school  subdistrict,  to  personally  supervise  the  school  or 
schools  in  his  subdistrict,  and  to  report  the  needs  thereof  to  the  divis- 
ion board  of  his  educational  division  at  its  regular  meeting,  together 
with  such  recommendations  as  he  may  deem  necessary  for  the  best 
interest  of  said  school  or  schools.  All  such  reports  and  recommenda- 
tions should  be  in  writing.  The  division  board  shall  refer  such  re- 
ports to  the  County  Board  with  its  recommendations  on  same.  The 
trustee  of  each  school  subdistrict  shall,  in  the  month  of  April  of  each 
year,  make  and  return  to  the  County  Superintendent  a  complete  census 
of  the  children  of  school  age  residing  in  his  district,  and  for  the  per- 
formance of  all  his  duties  he  shall  be  allowed  and  paid  the  sum  of  five 
cents  per  pupil  child  reported  in  such  census. 

He  shall  make  a  complete  census  of  all  illiterate  children  of  school 
age,  with  the  names  of  their  parents  or  guardians,  with  their  post- 
office  address;  also  the  names  of  all  children  of  school  age  who  have 
completed  the  common  school  course,  together  with  their  ages.  He 
shall  make  a  census  of  the  names  of  the  children  who  are  attending 
school  outside  of  the  district  in  which  they  reside.  This  census  and 
these  reports  must  be  made  by  the  sub-district  trustee  at  the  time  now 
provided  by  law  for  taking  the  school  census.  The  County  Superin- 
tendent of  Schools  in  each  county  shall  make  a  complete  report  of  said 
census  to  the  State  Superintendent  of  Public  Instruction,  whose  duty 
it  shall  be  to  have  printed  annually  and  distributed  a  report  of  same, 
giving  the  number  of  children  in  each  school  district  and  stating  the 
number  who  are  illiterate  and,  in  addition,  the  number  who  have 
completed  the  common  school  course,  together  with  the  number  who 
are  attending  school  outside  of  the  district  in  which  they  reside." 
(Section  as  amended  by  acts  of  1912.) 

§  123. — Teachers — Employment  of— "It  shall  be  the  duty  of  the 
subdistrict  trustee  to  nominate  and  recommend  in  writing  to  the  divi- 
sion board  one  or  more  teachers  for  each  school  in  his  subdistrict, 
and  with  said  nomination  and  recommendation  he  shall  convey  the 
teacher's  credentials  and  any  objections,  remonstrances  or  petitions 
that  may  be  offered,  in  writing,  to  the  election  of  said  teacher  or 
teachers,  and  the  board  shall  elect  for  each  subdistrict  a  teacher  or 


48  COUNTY   SCHOOL  DISTRICT  LAW. 

teachers  nominated  by  the  trustee  thereof,  when  such  teacher  pos- 
sesses the  necessary  qualifications  and  no  reasonable  objection  is 
offered. 

"Should  the  division  board  reject  any  nomination  or  should  any 
trustee  fail  to  nominate  for  his  subdistrict,  the  chairman  of  the  divi- 
sion board  shall  immediately  notify  such  subdistrict  trustee  and  re- 
quest further  nominations. 

The  division  board  in  each  educational  division  shall  meet  for  the 
consideration  of  applications  and  the  election  of  teachers  on  the  first 
Saturday  in  June  and  July  in  each  year,  and  any  vacancy  existing  for 
any  cause  in  any  subdistrict  thereafter  shall  be  filled  by  the  County 
Board  of  Education  upon  the  recommendation  of  the  trustees  of  such 
subdistrict. 

"Qualifications  of  teachers  shall  be  determined  as  provided  by  law. 
Teachers  shall  be  elected  for  one  school  year,  but  may  be  removed  by 
the  division  board  of  the  educational  division  in  which  they  are  em- 
ployed, at  any  time,  subject  to  the  approval  of  the  County  Superin- 
tendent, for  incompetency,  neglect  of  duty  or  immoral  conduct. 

"Contracts  for  the  service  of  all  teachers  shall  be  in  writing,  sign- 
ed in  duplicate  by  the  teacher  and  by  the  chairman  and  secretary 
of  the  division  board  of  the  division  in  which  the  teacher  is  em- 
ployed. Upon  organization  of  said  board,  one  of  the  members  shall 
be  chosen  as  secretary,  who  shall  keep  a  correct  record  of  all  pro- 
ceedings, which  shall  be  a  public  record."  (Section  as  amended  by 
Acts  of  1914.) 

§  124.— County  Board  of  Education— The  chairman  of  the  several 
educational  division  boards  in  each  county,  together  with  the  County 
Superintendent  of  Schools,  who  shall  be  chairman  ex-officio,  shall  con- 
stitute the  County  Board  of  Education. 

§  125.— High  Schools  to  be  Established — "Within  two  years  after 
the  passage  and  approval  of  this  act,  there  shall  be  established  by  the 
County  Board  of  Education  of  each  county  one  or  more  county  high 
schools:  Provided,  There  is  not  already  existing  in  the  county  a  high 
school  of  the  first  class;  if  such  high  school  already  exist,  and  if 
the  county  board  may  be  able  to  make  such  an  arrangement  with  the 
trustees  or  board  of  education  of  said  high  school  as  will  furnish  to 
the  pupils  completing  the  rural  school  course  free  tuition  in  said  high 
school,  then  said  high  school  may  be  considered  as  meeting  the  pur- 
pose of  this  law  without  the  establishment  by  the  board  of  another 
high  school.  The  County  Board  of  Education  in  the  various  counties 
shall  have  full  power  and  authority  to  unite  with  the  governing  au- 
thorities of  any  city  or  town  in  their  respective  counties  for  the  pur- 
pose of  establishing  a  high  school  for  the  joint  use  of  the  city  or 
town  and  such  county,  and  to  unite  with  such  authorities  for  the  pur- 
pose of  maintaining  such  high  school  if  one  be  already  in  existence. 
For  this  purpose  said  county  boards  are  hereby  given  full  power  and 
authority  to  make  such  contracts  as  they  may  deem  necessary  or 


KENTUCKY  SCHOOL  LAWS  1914.  49 

proper  for  the  establishment  and  maintenance  of  such  high  schools 
for  the  joint  use  of  the  county  and  such  city  or  town.  Said  con- 
tract shall  be  in  writing  and  shall  contain  full  and  complete  stipu- 
lations as  to  employment  and  compensation  of  teachers,  course  of 
study,  payment  of  expenses  of  the  school  and  the  control  and  dis- 
cipline of  the  pupils:  Provided,  That  the  total  expense  of  conducting 
said  high  school,  including  estimate  of  the  six  per  cent,  per  annum 
on  all  investments  in  buildings,  grounds  and  equipment,  shall  be  pro- 
rated between  the  two  boards  of  education  in  proportion  to  the  en- 
rollment respectively  of  county  pupils  and  pupils  residing  in  said 
town,  city  or  graded  school  district,  for  the  term  of  the  first  half  of 
the  session  and  likewise  for  the  term  of  the  second  half  of  the  school 
session,  the  entire  school  session  being  in  no  case  less  than  eight 
school  months:  Provided,  however,  That  said  contract  tuition  rate 
shall  in  no  case  exceed  the  rate  charged  for  other  pupils.  The  first 
county  high  school  to  be  established  in  the  county  shall  be  located  at 
the  county  seat,  providing  there  is  not  already  existing  in  the  county 
seat  a  high  school  of  the  required  grade.  The  county  high  schools  of 
this  Commonwealth  shall  be  of  the  first,  second  and  third  classes.  A 
first-class  high  school  shall  maintain  a  four  years  course  of  study, 
which  shall  be  prepared  by  the  State  Board  of  Education.  Such  course 
of  study  may  provide  for  instruction  in  manual  training,  domestic 
science  and  elementary  agriculture.  High  schools  of  the  second  class 
shall  maintain  a  course  of  three  years,  identical  with  the  first  three 
years  of  the  first-class  high  school.  High  schools  of  the  third  class 
shall  maintain  a  course  of  two  years,  identical  with  the  first  two  years 
of  the  first-class  high  school.  (Section  as  amended  by  Acts  of  1912.) 

§  126. — County  to  Levy  Tax — Special  Bond  of  County  Superin- 
tendent— Local  Tax  Additional  May  Be  Voted  By  Subdistrict — It  shall 
be  the  further  duty  of  the  County  Board  of  Education  to  estimate  and 
lay  before  the  Fiscal  Court  of  the  county  the  educational  needs  of  the 
county  in  accordance  with  such  estimate,  and  said  county  shall  levy  a 
tax  for  school  purposes,  not  to  exceed  twenty  cents  on  each  hundred 
dollars  of  assessed  valuation  of  property  in  the  county,  and  a  capitation 
tax  not  exceeding  one  dollar,  and  the  sheriff  shall  then  collect  this 
tax  as  other  State  and  county  taxes  are  collected:  Provided,  No  tax 
for  school  purposes  shall  be  levied  under  this  act  upon  property  in 
cities  and  towns  maintaining  a  first  class  system  of  public  schools  in 
which  all  grades  are  already  taught  to  the  satisfaction  of  the  State 
Board  of  Education,  and  upon  property  in  school  districts  which  are 
made  exempt  as  provided  for  in  section  106  of  this  act.  When  the 
tax  so  levied  shall  have  been  collected  by  the  sheriff  of  the  county, 
he  shall  turn  over  to  the  County  Superintendent,  who  shall  act  as 
treasurer  of  the  County  Board  of  Education,  the  amount  of  money  so 
levied  and  collected,  and  the  county  board  shall  expend  the  money 
so  received  in  the  building,  improvement  and  equipment  of  school 
houses,  for  the  purchase  and  condemnation  of  necessary  real  estate, 


50  COUNTY   SCHOOL  DISTRICT  LAW. 

for  the  payment  of  teachers,  purchasing  necessary  supplies  and  the 
extension  of  the  school  term  in  the  various  subdistricts  throughout 
the  county,  as  in  their  judgment  as  a  county  board  the  needs  of  the 
individual  schools  for  white  and  colored  pupils  demand.  The  County 
Superintendent  shall  give  such  special  bond  as  may  be  approved  by 
the  County  Court.  No  fund  shall  be  paid  out  except  on  the  order  of 
the  county  board,  signed  by  the  chairman  and  countersigned  iby  the 
secretary. 

Upon  the  petition  of  ten  legal  voters  of  any  school  subdistrict,  the 
board  of  education  of  any  division  shall  submit  to  the  legal  voters  of 
said  subdistrict  the  question  whether  or  not  a  tax  shall  be  levied  upon 
the  taxable  property  in  such  subdistrict  in  any  school  year  for  local 
school  purposes;  an  ad  valorem  tax  may  be  so  voted  not  to  exceed 
twenty-five  cents  on  each  one  hundred  dollars  of  taxable  property. 
Such  questions  shall  be  voted  on  at  the  regular  school  election  held, 
as  provided  by  this  act,  on  the  first  Saturday  in  August.  At  least 
fifteen  days'  notice  that  such  question  will  be  voted  on  at  any  school 
election  shall  be  given  Iby  written  or  printed  handbills,  posted  up  in 
at  least  five  of  the  most  public  places  in  such  district.  The  returns 
of  said  election  shall  be  made  to  the  chairman  of  the  Division  Board 
of  Education  and  said  board  shall  meet  within  seven  days  after  such 
an  election  and  canvass  the  returns,  and  if  it  be  ascertained  that  a 
majority  vote  in  such  district  was  cast  in  favor  of  such  tax,  said 
board  shall,  on  its  minute  book,  enter  an  order  levying  such  tax  in 
such  subdistrict,  and  it  shall  be  the  duty  of  the  sheriff  of  the  county 
on  his  official  bond  to  collect  such  tax  and  hold  the  same  subject  to 
the  order  of  the  County  Board  of  Education  for  the  benefit  of  the  sub- 
district  voting  such  tax,  and  said  sheriff  shall  receive  the  same  com- 
pensation therefor  as  for  collecting  State  and  county  revenue. 

§  127. — To  Establish  new  Subdistricts — The  County  Board  of  Edu- 
cation shall  have  full  power,  when  necessary,  to  lay  off  or  establish 
new  school  subdistricts,  or  to  change  the  boundaries  of  those  already 
established. 

§  128. — Purchase,  Lease  or  Rent  Sites — Receive  Gifts — The 
County  Board  of  Education  shall  have  the  power  to  purchase,  lease 
or  rent  school  sites,  to  build,  to  repair  and  to  rent  school  houses,  pur- 
chase maps,  globes,  charts,  school  furniture,  or  other  apparatus  nec- 
essary to  the  efficient  conduct  of  the  schools  of  the  county,  and  said 
county  board  is  hereby  vested  with  the  title,  care  and  custody,  of 
all  school  houses,  sites,  or  other  property  belonging  to  the  districts 
of  their  several  counties,  and  when,  in  the  opinion  of  the  board, 
any  site  for  school  house  has  become  unnecessary,  they  may  sell 
and  convey  the  same  in  the  name  of  the  County  Board  of  Education. 
It  shall  have  the  power  to  receive  any  gift,  grant  or  donation  for 
the  use  of  the  schools  within  their  respective  counties,  and  all  con- 
veyances of  real  estate  which  shall  be  made  to  said  County  Board  of 
Education  shall  vest  the  property  in  said  board  and  their  successors 


KENTUCKY  SCHOOL  LAWS  1914.  61 

in.  office  for  the  use  and  benefit  of  the  schools  of  the  county.  It 
shall  have  the  power  to  condemn  any  real  estate  necessary  for  school 
purposes  in  any  district  and  may  proceed  to  do  so  in  the  manner  pro- 
vided for  by  law  for  the  condemnation  of  lands  for  railroad  purposes. 

"The  County  Board  of  Education  is  hereby  empowered  to  assume 
the  indebtedness  of  any  common  school  subdistrict  contracted  prior 
to  the  passage  of  the  Act  of  1908,  creating  said  County  Board  of  Edu- 
cation, and  shall  pay  said  indebtedness  out  of  the  county  tax  levy," 
so  that  subsection  II  when  amended  and  re-enacted  shall  read  as  fol- 
lows: (Section  as  amended  by  Acts  of  1912.) 

§  129. — County  Board  Body  Politic. — The  County  Board  of  Educa- 
tion and  their  successors  shall  be  a  body  politic  and  corporate,  with 
perpetual  succession  and  as  such  may  sue  and  be  sued. 

§  130.— Superintendent  to  Keep  Public  Account — The  County  Sup- 
erintendent shall  keep  an  exact  account  of  all  receipts  and  disburse- 
ments and  shall  report  the  same  in  detail  to  the  county  Iboard  as 
often  as  they  may  require  and  annually  to  the  Fiscal  Court  of  the 
county  on  the  date  specified  by  that  court  for  receiving  said  report. 
The  books  and  records  of  the  county  board  shall  be  open  for  the  in- 
spection of  any  citizen  of  the  county. 

§  131. — Salaries  of  Teachers — Course  of  Study — When  county  high 
schools  shall  be  established,  as  provided  in  this  act,  it  shall  be  the 
duty  of  the  County  Board  of  Education  to  employ  and  fix  the  salaries 
of  said  teachers  necessary  to  the  efficient  conduct  of  said  high  school 
and  prescribe  the  course  of  study  to  be  pursued,  but  said  course  of 
study  shall  not  be  below  the  standard  fixed  by  the  State  Board  of 
Education  as  provided  in  section  116.  Said  board  shall  also  have  the 
right  to  select  the  text  "books  to  be  used  in  said  high  schools. 

§  132. — Time  Boards  Shall  Meet — Compensation — The  County 
Board  of  Education  shall  meet  at  a  place  designated  by  the  County 
Superintendent  for  the  transaction  of  such  business  as  shall  properly 
come  before  it  under  this  law,  on  the  first  Saturday  in  September, 
following  the  enactment  of  this  law,  and  shall  meet  at  the  call  of 
the  County  Superintendent,  who  is  chairman  of  the  County  Board,  at 
such  other  times  as  he  may  direct.  The  County  Superintendent  shall 
call  the  county  board  upon  the  written  request  of  three  members. 
Each  member  of  the  county  board  shall  receive  three  dollars  for 
each  day's  service,  but  no  member  shall  be  paid  for  more  than 
twelve  days'  service  in  any  one  year,  whether  in  actual  attendance 
upon  the  meetings  of  the  county  board  or  in  inspecting  the  schools 
and  school  property  of  his  division  in  company  with  the  county  su- 
perintendent. 

§  133.— Duty  of  Division  Chairman  to  Report— It  shall  be  the  duty 
of  each  division  chairman  or  member  of  the  County  Board  of  Education 
to  report  In  writing  the  exact  status  of  the  educational  affairs  of  his 


62  COUNTY   SCHOOL  DISTRICT  LAW. 

educational  division  to  the  county  board  for  consideration  at  least 
twice  each  year,  and  at  such  other  times  as  the  chairman  of  the 
county  board  may  require. 

§  134. — Consolidation  of  Subdistricts— 'Officers  not  to  be  Finan- 
cially Interested — The  county  board  of  any  county  shall  have  power 
to  consolidate  with  reference  to  the  needs  of  either  white  or  colored 
children,  any  two  or  more  contiguous  school  subdistricts,  and  in  case 
of  such  consolidation  school  houses  shall  be  built  or  acquired,  located 
at  some  point  convenient  to  the  patrons  of  such  consolidated  school 
subdistricts,  and  of  sufficient  capacity  to  accommodate  the  pupil  popu- 
lation of  such  consolidated  school  subdistricts,  and  such  schools  shall 
be  called  and  known  as  consolidated  schools.  Teachers  for  such 
consolidated  schools  shall  be  employed  in  the  same  manner  as  teach- 
ers for  school  subdistricts.  No  trustee  nor  member  of  the  county 
Board  of  Education  nor  County  School  Superintendent  shall  be  finan- 
cially interested,  directly  or  indirectly,  in  any  contract  for  the  pur- 
chase of  land,  the  erection  or  repairs  of  any  school  house,  the  furnish- 
ing of  supplies  or  equipment,  or  the  employment  of  any  teacher;  and 
any  of  said  officers  so  offending  shall  be  guilty  of  an  indictable  mis- 
demeanor and  on  conviction  shall  be  fined  not  exceeding  five  hun- 
dred dollars,  or  imprisonment  in  the  county  jail  not  exceeding  six 
months,  and  shall  forfeit  his  office. 

§  127. — Repealing  Clause — All  laws  and  parts  of  laws  in  conflict 
with  this  act,  are  hereby  repealed.  (Ky.  Stat.,  Sec.  4426a.) 

§  135. — Subdistrict  Composed  of  Parts  of  Two  Counties — "With 
the  concurrence  of  the  county  boards  the  County  Superintendents 
of  two  or  more  adjoining  counties,  where  the  division  line  intersects 
a  neighborhood  whose  convenience  requires  it,  may  lay  off  a  sub- 
district  composed  of  parts  of  these  counties.  The  selection  and 
payment  of  teachers  and  control  of  such  subdistricts  shall  be  lodged 
in  the  county  board  of  the  county  in  which  the  school  building  is 
located,  but  the  county  board  of  the  other  contracting  county  or 
counties,  shall  pay  such  proportion  of  the  total  expense  of  conduct- 
ing said  school  as  may  be  mutually  satisfactory  and  stated  in  a  writ- 
ten contract,  which  contract  shall  also  state  definitely  the  boundaries 
of  such  fractional  subdistrict.  Said  contract  shall  be  spread  upon 
the  minutes  of  each  board  and  duplicate  copies  signed  by  the  presi- 
dent and  secretary  of  each  board,  shall  be  filed  in  the  office  of  the 
County  Clerk  of  each  of  the  contracting  counties. 

"In  the  subdistricts  thus  constituted,  one  trustee  who  may  re- 
side in  either  fraction,  shall  be  elected  from  the  subdistrict  at  large, 
but  said  trustee  shall  be  deemed  a  resident  of  the  educational  divi- 
sion of  the  controlling  county  as  hereinbefore  provided.  The  duties 
of  the  trustee  of  such  fractional  subdistrict  shall  be  the  same  as 
those  of  other  subdistrict  trustees,  save  that  in  making  a  census  of 
the  children  of  school  age  residing  in  the  subdistrict,  he  shall  list 


KENTUCKY  SCHOOL  LAWS  1914.  53 

the  children  of  the  two  or  more  counties  separately  and  make  re- 
turns separately  to  each  County  Superintendent,  of  the  children  re- 
siding in  the  respective  counties."  (Acts  of  1912.) 

§  136. — Supervisors  to  be  Employed — The  County  Board  of  Educa- 
tion shall  have  power  to  provide  whenever  it  deems  wise,  for  the 
employment  of  supervisors  for  the  rural  schools  under  the  super- 
vision of  the  County  Superintendent.  It  shall  be  the  duty  of  the  said 
supervisors  to  assist  in  supervising  the  rural  schools,  to  act  as  sub- 
stitute teachers  under  the  direction  of  the  County  Superintendent  and 
to  act  as  truant  officer  in  accordance  with  the  laws  governing  the 
attendance  of  pupils  in  the  rural  schools  and  with  such  other  rules 
and  regulations  as  may  be  made  according  to  law  by  the  County 
Board  of  Education.  The  County  Board  of  Education  shall  have 
power  to  pay  the  necessary  expenses  of  the  County  Superintendent 
and  the  said  supervisors  of  rural  schools  while  in  the  discharge  of 
official  duties.  (Acts  of  1912.) 

§  137. — School  Funds— Distribution  —  Teachers'  Salaries — The 
County  Board  of  Education  shall  have  power  to  place  into  one  com- 
mon school  fund,  the  State  fund  received  from  the  State  Treasury 
as  is  now  provided  by  law,  and  the  fund  raised  in  the  county  by  tax 
levy  and  distribute  said  common  school  fund  in  the  "county  for  the  pur- 
pose of  erecting  and  equipping  school  buildings  and  in  the  payment  of 
teachers  and  of  such  other  expenses  as  are  necessary  in  making  an 
efficient  system  of  schools  in  the  county,  provided  that  no  school  in 
the  county  is  taught  for  a  shorter  period  of  time  than  six  school 
months,  one  hundred  twenty  days,  and  that  no  part  of  said  State 
fund  received  from  the  State  Treasury  shall  be  used  except  for  the 
payment  of  teachers'  salaries  in  the  county,  and  that  no  salary  paid 
to  a  teacher  in  any  subdistrict  in  the  county  shall  be  less  than  thirty- 
five  dollars  per  month  nor  more  than  seventy  dollars,  except  high 
school  teachers,  and  that  salaries  between  $35.00  and  $70.00,  includ- 
ing the  same,  shall  be  based  on  and  regulated  by  the  qualifications  of 
the  teacher  and  the  number  of  children  actually  in  attendance  in 
proportion  to  the  number  enrolled  in  the  school  census  for  the  dis- 
trict, graduated  in  accordance  with  and  conforming  to  such  rules 
and  regulations  governing  same  as  shall  be  hereafter  prescribed  by 
the  State  Board  of  Education.  The  scale  of  graduation  of  said 
salaries  shall  be  reported  to  and  approved  by  the  State  Board  of 
Education,  and  all  rules  and  regulations  governing  same  promul- 
gated by  the  State  Board  of  Education  shall  conform  to  law  and  the 
purpose  of  same  shall  be  to  increase  the  efficiency  of  the  common 
school  system. 

§  138. — Consolidation  and  Transportation — Power  to  Vote  Tax. — 
That  the  County  Board  of  Education  is  hereby  empowered  to  lay 
off  a  boundary,  including  a  number  of  subdistricts,  and  submit  to 
the  voters  in  that  boundary  the  proposition  of  a  tax  sufficient  to  pro- 
vide for  consolidation  of  the  schools  within  that  boundary  and  lor 


54  COUNTY   SCHOOL  DISTRICT  LAW. 

transportation  of  pupils  to  and  from  said  consolidated  school,  and 
may  provide  in  districts  consolidated  under  existing  laws,  by  local 
taxation  or  otherwise  for  the  transportation  of  pupils  of  the  district 
to  and  from  the  schools,  and  such  appropriation  and  taxation  for 
said  purposes  of  transporting  children  is  hereby  validated  as  if  it  had 
been  previously  expressed  in  the  phrase  for  local  taxation,  and  that 
where  subdistricts  have  already  been  consolidated  according  to  law, 
and  a  tax  has  already  been  voted  in  said  consolidated  districts  for 
local  expenses,  the  term  "local  expenses"  shall  be  construed  to  in- 
clude the  transportation  of  children  in  such  cases.  Said  proposition 
for  taxation  may  be  submitted  to  the  voters  at  the  regular  election 
for  school  trustees  or  at  any  other  time  decided  upon  by  the  County 
Board  of  Education,  provided  that  not  less  than  thirty  days'  notice 
be  given  of  said  election. 

When  such  a  tax  is  voted  in  such  consolidated  district  for  local 
school  purposes,  it  shall  remain  and  be  collected  annually  in  accord- 
ance with  the  provisions  of  law,  until  repealed  by  vote  of  the  people. 
(Acts  of  1912). 

§  139. — School  Houses  To  Be  Used  for  Other  Purposes. — When  a 
responsible  person  of  any  subdistrict  may  apply  to  any  subdistrict 
trustees  for  the  use  of  a  school  house,  to  be  used  when  the  school  is 
not  in  session,  during  sciiool  hours  or  vacations,  by  any  lawful  as- 
sembly of  educational,  religious,  agricultural,  political,  civic  or  so- 
cial bodies,  organizations  or  gatherings,  and  if  said  subdistrict  trus- 
tee refuse  the  use  of  the  same,  then  the  said  trustee  shall  state  his 
cause  for  refusal  in  writing,  and  if  a  demand,  signed  by  five  free- 
holders of  said  subdistrict  be  presented  to  said  subdistrict  trustee, 
then  he  shall  deliver  or  cause  to  be  delivered,  the  keys  of  said 
school  house,  to  such  freeholders,  who  shall  be  responsible  for  the 
use  and  care  of  said  school  property  and  of  avoidable  damages  and 
the  return  of  the  key  to  the  teacher  of  said  district,  if  school  be  in 
term  session,  or  to  the  subdistrict  trustee  during  vacations.  (Act  of 
1912.) 

§  140.— Indebtedness  of  Old  Districts — May  Be  Assumed  by  County 
Board  of  Education — The  various  County  Boards  of  Education  in 
this  Commonwealth  shall  assume  the  payment  of  any  legal  indebted- 
ness contracted  by  the  old  Boards  of  Trustees  under  the  old  law,  and 
prior  to  the  taking  effect  of  the  Act  of  1908,  by  compromise,  partial 
payment,  or  otherwise,  as  is  deemed  expedient  and  proper  by  said 
Board  of  Education.  Said  payments  to  be  made  out  of  the  general 
school  fund  of  the  county. 

This  law  shall  also  apply  to  common  school  subdistricts  that  have 
become  graded  common  school  districts  since  1908.  (Acts  of  1912.) 


KENTUCKY  SCHOOL  LAWS  1914.  55 


CHAPTER  XI. 

COUNTY   BONDS. 

(Acts  1912.) 

§  141. — Commission  to  be  Appointed  by  County  Judge — Upon  the 
application,  in  writing,  of  250  householders  residing  in  the  district, 
as  hereinafter  described,  it  shall  be  the  duty  of  the  County  Judge  of 
a  county  to  appoint  four  persons,  two  of  whom  shall  be  members  of 
the  Democratic  Party  and  two  members  of  the  Republican  Party,  to 
constitute  a  Building  School  Commission.  Each  appointee  shall  be 
at  least  twenty-five  years  of  age  and  reside  within  the  district,  and 
be  the  owner  in  his  own  right  of  real  estate.  No  officer  or  employee 
of  the  State  or  of  any  city  or  county,  whether  holding  a  paid  or  un- 
paid office,  shall  be  eligible  to  appointment  to  said  Commission.  Such 
appointee  shall  be  subject  to  the  approval  of  the  Fiscal  Court  of 
said  county.  The  term  of  office  shall  be  four  years,  and  if  the  work 
therein  provided  for  is  sooner  completed  such  term  of  office  shall 
expire  at  such  completion.  Vacancies  shall  be  filled  for  an  unexpired 
term  in  the  same  manner  as  the  original  appointment. 

The  district  for  which  said  Commission  is  appointed  and  which 
shall  constitute  the  district  as  hereinafter  mentioned,  shall  be  the 
whole  county,  or,  where  said  county  contains  an  incorporated  town 
or  towns  wherein  is  maintained  a  public  school  which  is,  in  whole  or 
in  part,  supported  by  taxation  levied  alone  upon  the  property  in  said 
town,  then  the  balance  of  said  county. 

§  142. — Commission — Body  Politic  Powers — The  persons  appoint- 
ed as  provided  in  the  first  section,  and  their  successors,  shall  consti- 
tute a  body  corporate  under  the  name  of  Building  School  Commis- 
sion of  County  (the  name  of  the  county 

in  which  they  are  appointed  being  used  to  fill  the  blank),  and  shall 
have  official  capacity  to  contract  and  be  contracted  with,  to  sue  and 
be  sued  in  that  name,  and  to  adopt  a  seal  and  alter  the  same  at 
pleasure.  Such  Commission  shall  elect  a  chairman  from  the  ap- 
pointed members.  The  appointed  members  of  the  Commission  shall 
receive  no  compensation,  but  shall  be  allowed  their  expenses  of  travel 
when  on  business  of  the  Commission.  It  shall  have  authority  to 
employe  such  clerical  or  other  assistance  as  the  board  may  deem 
necessary. 

§  143.— School  Houses  To  Be  Built— It  shall  be  the  duty  of  the 
Commission  to  make  such  careful  examination  of  the  method  of  con- 
structing and  furnishing  public  school  houses  as  may  enable  it  to 
determine  the  best  plan  of  erecting  and  furnishing  the  same,  includ- 
ing ventilation,  heating  and  lighting.  The  Commission  shall  have 
the  power  to  employ  one  or  more  architects  to  submit  plans  for  such 
construction  and  furnishing,  together  or  separately,  and  to  attend  to 
the  carrying  out  of  the  same,  and  pay  a  reasonable  compensation 
therefor. 


56  COUNTY  BONDS. 

§  144. — Bond  to  be  Given  by  Employees — The  Commission  shall 
exact  from  its  officers  and  employees  such  bond,  with  approved  surety, 
as  seems  to  it  discreet,  and  fix  the  form  of  such  bond.  The  premium 
on  such  bond  shall  be  paid  by  the  Commission. 

§  145. — Plans  to  be  Submitted  to  County  Board — When  the  Com- 
mission shall  have  determined  upon  a  plan  for  the  erection  and  fur- 
nishing of  a  school  house  or  school  houses  in  said  district  it  shall 
lay  said  pans  before  the  County  Board  of  Education.  If  said  plans 
so  recommended  by  the  Commission  be  adopted  by  the  County  Board 
of  Education,  then  said  Commission  shall  have  the  right  to  proceed 
to  acquire,  by  purchase  or  condemnation,  all  property  necessary  for 
such  school  houses  and  play-grounds;  and  the  erecting  and  fur- 
nishing of  said  school  houses  so  approved. 

§  146. — Contract  for  Building  to  be  Let  to  Lowest  Bidder — All  work 
to  be  done  or  supplies  or  materials  to  be  purchased  in  carrying  out 
the  purposes  of  this  Act  and  involving  an  expenditure  of  $500  or 
more  shall  be  by  contract  awarded  to  the  lowest  and  best  bidder; 
but  the  Commission,  with  the  consent  of  all  its  members,  may  itself 
do  any  part  of  such  work  under  such  conditions  as  it  may  prescribe, 
whenever  the  Superintendent  of  Construction  shall,  in  writing,  rec- 
ommend that  course.  All  bids  or  parts  of  bids  for  any  work  or 
supplies  or  materials  may  be  rejected  by  said  Commission.  This  sec- 
tion shall  not  apply  to  nor  be  construed  so  as  to  limit  the  power  of 
the  Commission  in  the  appointment  of  architects,  clerks  or  agents. 

§  147. — Bonds  May  Be  Voted — In  order  to  provide  money  for  the 
acquisition  of  property  for  school  sites  and  the  erection  and  furnish- 
ing of  school  buildings  the  Fiscal  Court  of  any  county  may  adopt  a 
resolution  submitting  to  the  voters  of  the  district,  at  the  November 
election  occurring  ninety  days  after  the  entry  of  the  order,  and  suc- 
ceeding the  appointment  of  the  Commission,  the  question  whether 
bonds  of  the  district  shall  be  issued  for  the  purpose  of  carrying  out 
the  work  herein  provided  for.  The  resolution  of  the  Fiscal  Court 
shall  provide  the  date  and  maturity  of  such  bonds,  the  rate  of  inter- 
est they  shall  bear  and  the  total  amount  to  be  issued,  which  shall 
in  no  event  exceed  the  limit  fixed  by  the  Constitution,  and  the  resolu- 
tion shall  also  contain  the  necessary  details  in  reference  to  the  ex- 
ecution and  delivery  of  said  bonds,  their  denomination,  coupons  to 
be  annexed,  tax  to  be  levied  to  pay  the  interest  and  sinking  fund  to  re- 
tire such  bonds  at  maturity. 

§  148. — Bonds  to  be  Sold — Depository  to  be  Selected — When  the 
voters  of  the  district  shall  determine  that  such  bonds  shall  be  issued 
they  shall,  when  so  issued,  be  placed  under  the  control  of  said  Com- 
mission, who  shall  determine  when  and  at  what  price  and  how  they 
shall  be  sold;  provided  that  no  such  bonds  shall  be  sold  at  less 
than  par,  and  provided,  further,  that  any  premiums  which  may  be 
obtained  from  said  bonds  snail  constitute  a  part  of  the  sinking  fund 
for  their  ultimate  retirement.  As  the  said  bonds  are  sold  their  pro- 


KENTUCKY  SCHOOL  LAWS  1914.  57 

ceeds  shall  go  to  the  credit  of  the  Commission  in  some  depository 
which  shall  be  selected  for  the  deposit  by  the  Commission,  and  shall 
be  withdrawn  only  upon  the  checks  of  the  Secretary  and  Treasurer 
of  the  Commission,  countersigned,  in  such  manner  and  accompanied 
by  voucher  approved  in  such  manner  as  may  be  prescribed  by  regu- 
lations to  be  adopted  by  the  Commission;  provided,  that  the  said 
Commission  shall  exact  of  said  depository  bond,  with  surety,  for  the 
faithful  accounting  for  and  paying  over  of  such  money  as  may  foe 
from  time  to  time  drawn  upon. 

§  149. — Expenses  to  be  Borne  by  Commission — The  Commission 
may  select  its  necessary  employees  prior  to  the  election  on  the  sub- 
ject of  issuing  the  bonds  as  provided  in  Section  7;  but  no  compen- 
sation shall  be  paid  to  either  of  such  officers  for  any  work  done 
until  after  the  bonds  have  been  voted.  All  disbursements  of  the 
Commission,  including  compensation  to  its  officers,  agents  and 
others  employed  by  it,  shall  come  out  of  the  proceeds  of  the  sale 
of  said  bonds.  The  duties  prescribed  for  the  Commission  in  Sections 
3,  4,  5,  6  and  8  hereof  shall  not  be  performed  until  and  unless  bonds 
have  been  voted  as  provided  in  Section  7. 

§  150. — Levy  to  be  Made  by  Fiscal  Court — It  shall  be  the  duty  of 
the  Fiscal  Court  of  the  county  to  levy  annually,  upon  the  property 
subject  to  taxation  in  the  said  district,  a  sufficient  rate  to  pay  the 
interest  on  the  said  bonds  and  the  Sinking  Fund  provided  for  in  the 
order,  and  the  principal  of  said  bonds  when  the  same  shall  mature. 
It  shall  be  the  duty  of  the  sheriff  of  the  county  to  collect  such  levy 
and  to  turn  over  the  same  to  the  County  Treasurer,  who  shall  apply 
the  funds  thus  collected  to  the  payment  of  the  interest  and  principal 
of  the  bonds.  And  it  shall  also  be  the  duty  of  the  County  Treasurer, 
under  the  direction  of  the  County  Board  of  Education,  to  invest  the 
money  derived  from  the  Sinking  Fund  in  such  securities  as  may  be 
approved  by  said  County  Board  of  Education. 

§  151. — Title  of  Property  Vested  in  County  Board  of  Education — 
The  title  to  all  property  acquired  by  said  Commission  shall  be  taken 
in  the  name  of  the  County  Board  of  Education  and  all  money 
in  the  hands  of  the  Commission  after  defraying  any  liabilities  which 
have  been  incurred  by  the  Commission,  shall  be  paid  into  the  hands 
of  the  County  Treasurer,  to  be  used  as  a  Sinking  Fund  for  the  bonds 
hereinbefore  provided  for.  The  Commission  shall  pay  out  of  the 
proceeds  of  the  sale  of  said  bonds  all  valid  claims  for  damages  or 
otherwise  which  may  be  preferred  against  it,  and  neither  the  County 
nor  the  District  shall  be  liable  for  any  debt  which  the  Commission 
may  incur,  or  any  claim  for  damages  which  may  be  asserted  or 
awarded  against  the  Commission. 

§  152. — County  Attorney  to  Advise  Board — All  legal  services  or 
advice  which  may  be  required  by  the  Commission  shall  be  rendered 
by  the  County  Attorney  and  his  assistants  without  additional  com- 
pensation. 


58  GRADED  COMMON  SCHOOLS. 

§  153.— County  Board  to  Canvass  Votes— It  shall  be  the  duty  of 
the  Fiscal  Court  to  canvass  the  votes  of  the  election  provided  for  in 
Section  7  hereof,  and  upon  its  appearing  that  two-thirds  of  the  voters 
in  the  district  voting  upon  the  question  shall  have  voted  in  favor  of 
the  issue  of  said  bonds,  shall  certify  this  fact  by  an  order  to  be  en- 
tered upon  the  order  book  containing  the  proceedings  of  the  Fiscal 
Court.  The  said  bonds  shall  contain  a  certificate  that  they  have 
been  duly  issued  under  the  provisions  of  this  act,  and  such  certificate 
shall  be  conclusive  evidence  that  all  steps  preliminary  to  their  valid 
issue  have  been  regularly  taken. 

§154.  Tax  Levy  to  be  Continued — The  Fiscal  Court  «hall  have 
power  and  authority,  and  it  shall  be  its  duty,  to  continue  to  levy 
said  tax  on  the  property  of  the  entire  district  which  voted  the  said 
bonds,  notwithstanding  any  part  thereof  may  be  subsequently  in- 
corporated into  any  town,  city  or  other  municipal  subdivision. 


CHAPTER!   XII. 
GRADED   COMMON    SCHOOLS. 

§  155. — Election  to  Establish — Petition  for— Limit  of  Tax — 
Boundary — New  Boundary. — It  shall  be  the  duty  of  the  County  Judge 
in  each  county  of  this  Commonwealth,  upon  a  written  petition  signed 
by  at  least  ten  legal  voters,  who  are  taxpayers  in  the  justice's  dis- 
trict, town  or  city  of  the  fifth  or  sixth  classes  in  his  county  to 
make  an  order  on  his  order  book,  at  the  next  regular  term  of  his 
court  after  he  receives  said  petition,  fixing  the  boundary  of  any  pro- 
posed graded  common  school  district,  as  agreed  on  by  the  County 
Judge  and  the  petitioners,  and  directing  the  sheriff  or  other  officer 
whose  duty  it  may  be  to  hold  the  election,  to  open  a  poll  in  said 
proposed  graded  common  school  district,  at  the  next  regular  State, 
town  or  city  election  to  be  held  therein,  or  on  any  other  day  fixed 
by  said  judge  in  said  order,  not  in  either  case  earlier  than  forty  days 
from  the  date  of  said  order,  for  the  purpose  of  taking  the  sense  of 
the  legal  white  voters  in  said  proposed  graded  common  school  dis- 
trict upon  the  proposition  whether  or  not  they  will  vote  an  annual 
tax,  in  any  sum  named  in  said  order,  not  exceeding  fifty  cents  on 
each  one  hundred  dollars  of  property  assessed  in  said  proposed 
graded  common  school  district,  town  or  city,  belonging  to  said  white 
voters  or  corporations,  or  a  poll  tax  in  any  sum  named  in  said  order, 
not  exceeding  one  dollar  and  fifty  cents  per  capita  on  each  white 
male  inhabitant  over  twenty-one  years  of  age  residing  in  said  pro- 
posed graded  common  school  district,  or  both  an  ad  valorem  and  a 
poll  tax,  if  so  stated  in  the  order,  for  the  purpose  of  maintaining  a 
graded  common  school  in  said  proposed  graded  common  school  dis- 
trict, and  for  erecting,  purchasing  or  repairing  suitable  buildings 
therefor  if  necessary.  "Provided,  that  the  proposition  to  establish 


KENTUCKY  SCHOOL  LAWS  1914.  59 

any  graded  common  school  district,  as  provided  for  in  this  section,  is 
approved  in  writing,  on  the  petition  to  the  County  Judge  by  the  Coun- 
ty Board  of  Education,  and  also  by  the  County  Superintendent  of 
Common  Schools;  that  no  point  on  the  boundary  of  any  proposed 
graded  common  school  district  be  more  than  two  and  one-half  miles 
from  the  site  of  the  school  building  and  that  the  location  and  site 
of  said  school  building  in  said  district  are  set  out  with  exactness 
in  said  petition  and  that  the  district  contain  not  less  than  one  hun- 
dred pupil  children. 

"If  at  any  time  it  becomes  desirable  to  either  extend  or  decrease 
the  boundary  of  a  graded  common  school,  a  majority  of  the  legal 
voters  in  the  territory  which  is  proposed  to  be  changed  may  file  a 
written  petition  in  duplicate,  one  copy  with  the  board  of  trustees  of 
the  graded  common  school  and  one  copy  with  the  County  Board  of 
Education.  Said  petition  shall  set  out  with  exactness  the  names  of 
all  persons  within  the  territory  to  be  changed,  and  shall  show  the 
change  in  the  boundary  of  the  district  as  proposed  by  the  change. 
If  the  petition  shall  be  approved  by  the  board  of  trustees  of  the 
graded  common  school  and  the  County  Board  of  Education,  an  order 
shall  be  so  made  on  the  record  of  each  board  and  the  change  shall 
be  effective  at  once. 

"All  graded  common  schools  which  have  been  previously  estab- 
lished under  the  general  or  under  any  special  law  of  the  State,  or 
any  such  school  which  may  hereafter  be  established,  shall  have 
authority  to  operate  and  maintain  a  high  school  equal  in  rank  to  that 
maintained  by  the  County  Board  of  Education,  or  they  may  pay 
the  tuition  of  all  pupils  eligible  to  enter  the  high  school  in  the 
county  high  school  or  in  a  high  school  whose  course  of  study  has 
been  approved  by  the  State  Board  of  Education."  (Section  as  amend- 
ed by  Acts  of  1914.) 

§  156. — Conditions  for  Establishing  Graded  School  District  Unit- 
ing with  Schools  of  Adjacent  Counties — Amount  Tax  Voted — "That 
whenever  it  becomes  desirable  to  establish  a  graded  common  school 
composed  of  parts  of  two  counties  and  upon  a  written  petition  signed 
by  at  least  ten  legal  voters  residing  in  the  county  where  the  greater 
number  of  legal  voters  reside,  and  a  majority  of  the  legal  voters  re- 
siding in  the  adjoining  county,  it  shall  be  the  duty  of  the  County  Judge 
in  the  county  having  the  greatest  number  of  legal  voters,  to  make 
an  order  on  the  order  book  at  the  next  regular  term  of  his  court 
after  he  receives  said  petition,  directing  the  sheriff  or  other  officers 
whose  duty  it  may  be  to  hold  the  election,  to  open  a  poll  in  the  pro- 
posed graded  common  school  district  upon  the  proposition  as  to 
whether  or  not  such  graded  common  school  shall  be  established. 
Before  such  an  order  can  be  made  by  the  County  Judge,  the  petition 
must  be  approved  in  writing  by  the  County  Board  of  Education  and 
the  County  Superintendent  of  Schools  in  each  county  concerned.  When 
an  order  is  made  directing  a  poll  to  be  taken,  the  same  items  shall 


60  GRADED  COMMON  SCHOOLS. 

be  followed  in  all  respects  as  are  provided  for  in  Section  4464,  by 
which  all  other  graded  schools  are  voted.  Should  the  graded  school 
be  voted,  it  shall  be  under  the  control  of  the  county  in  which  the 
order  directing  its  establishment  is  made.  (Section  as  amended  by 
Acts  of  1914.) 

§  158. — Duty  of  County  Clerk— It  shall  be  the  duty  of  the  County 
Clerk  to  give  to  said  sheriff  or  other  officer  a  certified  copy  of  the 
order  of  the  judge  of  the  county  court,  as  it  appears  in  his  order  booR, 
within  ten  days  after  said  order  is  made.  (Ky.  Stat.  Sec.  4465.) 

§  159. — Duty  of  Sheriff  or  Other  Officer  who  may  Hold  Election — 
It  shall  be  the  duty  of  said  sheriff  or  other  officer  to  have  the  order 
of  the  County  Judge  published  in  some  weekly  or  daily  .newspaper 
published  in  the  county  for  at  least  twenty  days  before  the  election, 
and  also  to  advertise  the  same  by  printed  or  written  hand-bills,  post- 
ed at  five  conspicuous  places  in  said  proposed  graded  common  school 
district  for  the  same  length  of  time;  but  if  there  be  no  daily  or  week- 
ly newspaper  published  in  the  county,  the  printed  or  written  hand- 
bills, posted  as  before  provided,  shall  be  sufficient  notice.  The  said 
sheriff  or  other  officer  shall  have  the  advertisement  inserted,  and 
notices  herein  provided  for  posted,  within  ten  days  -after  he  receives 
the  order  of  the  County  Judge  and  at  least  twenty  days  before  the 
election.  (Ky.  Stat.  Sec.  4466.) 

§  160. — Manner  and  Object  of  the  Election— The  said  sheriff  or 
other  officer  shall  appoint  a  judge  and  a  clerk  of  the  said  election, 
who  shall  take  and  subscribe  to  an  oath  for  the  faithful  performance 
of  his  duties.  On  the  day  set  apart  for  the  election,  the  officers 
shall  open  a  poll,  and  shall  propound  to  each  voter  who  may  vote  the 
question,  "Are  you  for  or  against  the  graded  common  school  tax?" 
and  his  vote  shall  be  recorded  for  or  against  the  same  as  he  may 
direct.  (Ky.  Stat.  Sec.  4467.) 

§  161. — If  Tax  Voted,  Duty  of  County  Judge,  County  Superintend- 
ant  and  Trustees — If  it  shall  appear  that  a  majority  of  the  votes  cast 
at  the  said  election  were  in  favor  of  said  tax  then  it  shall  be  the 
duty  of  the  County  Judge  to  cause  the  certificate  of  the  examining 
board  showing  the  amount  of  tax  voted,  and  the  names  of  the  five  trus- 
tees elected,  to  be  entered  of  record  in  the  order-book  of  his  court,  and 
to  give  a  copy  thereof  to  the  County  Superintendent,  who,  in  connec- 
tion with  the  trustees,  shall  organize  a  graded  common  school  in  said 
district  in  accordance  with  the  provisions  of  this  law.  (Ky.  Stat.  Sec. 
4468.) 

§  162.— Board  of  Trustees— The  graded  common  school  districts, 
when  organized  as  aforesaid,  as  hereby  incorporated,  and  each  of 
them  shall  be  under  the  management  and  control'of  a  board  of  five 
trustees.  The  first  board  to  be  elected  at  the  same  time  and  place, 
and  by  the  same  persons  who  vote  at  the  election  for  the  tax,  as  pro- 
vided in  sections  129  and  132.  (Ky.  Stat.  Sec.  4464  and  4467)  of  this 


KENTUCKY  SCHOOL  LAWS  1914.  61 

law;  and  the  five  persons  receiving  the  highest  number  of  votes  cast 
shall  be  declared  elected  trustees.  (Ky.  Stat.  Sec.  4469,  as  amended 
by  Chap.  37,  Acts  of  1904.) 

§  163. — Style,  Province  and  Power  Board  of  Trustees — The  per- 
sons so  elected  shall  be  named  and  styled  "The  Board  of  Trustees 

of  the  Graded  Common  iSchool  District,"  and  in 

that  name  may  sue  and  be  sued,  contract  and  be  contracted  with, 
and  as  a  natural  person  may  acquire,  hold,  dispose  of  and  convey, 
by  purchase,  gift,  devise  or  otherwise,  any  real  or  personal  estate, 
goods  and  chattels,  necessary  and  convenient  for  the  use  and  pur- 
poses of  such  graded  common  school;  and  the  title  to  all  such  prop- 
erty shall  vest  in  said  board  of  trustees  and  their  successors  in  office, 
to  be  held  sacred  for  the  use  and  benefit  of  said  graded  common 
school  district.  (Ky.  Stat.  Sec.  4470.) 

§  164. — Classification  of  Trustees — Regular  Election  of — Va- 
cancy, How  Filled — Hereafter  the  board  of  trustees  of  a  graded  com- 
mon school  shall  consist  of  five  members:  Provided,  That  the  pres- 
ent members  of  any  board  may  serve  until  the  expiration  of  their 
respective  terms.  At  the  next  regular  election  of  trustees,  and 
thereafter  every  third  year,  there  shall  be  elected  but  one  member 
of  said  board  except  that  vacancies  occurring  in  said  board  may  be 
filled  at  any  regular  election  for  trustees.  (Ky.  Stat.  Sec.  4469a.) 
(This  section  is  an  act  of  March,  1904.) 

§  165. — Official  Oath  Required  of  Trustees — Said  trustees,  before 
entering  upon  the  discharge  of  their  duties,  shall  each  take  an  oath 
faithfully  to  perform  the  duties  required  of  them  under  this  law.  (Ky. 
Stat.  Sec.  4472.) 

§  166. — By-Laws  and  Rules — Journals  and  Proceedings — Said 
trustees  may  adopt  such  by-laws  and  rules  for  the  government  of 
themselves  and  their  appointees  and  for  the  control,  government 
and  management  of  graded  common  schools  in  their  respective  dis- 
tricts, as  they  may  deem  necessary,  not  in  conflict  with  law,  and 
shall  keep  a  journal  of  their  proceedings,  which  shall  be  open  at  all 
times  to  the  inspection  of  any  citizen  of  the  graded  common  school 
district  in  which  he  or  she  may  reside.  (Ky.  Stat.  Sec.  4473.) 

§  167. — Appointment  and  Qualification  of  Teachers — Course  of 
Study — Said  trustees  shall  appoint  and  employ  a  principal  and  all 
teachers,  and  fix  their  compensation,  and  may  suspend  or  dismiss 
them,  or  any  other  person  appointed  or  employed  by  them;  may 
prescribe  the  branches  (other  than  those  required  by  law  to  be 
taught  in  the  common  schools)  which  may  be  taught  in  said  graded 
common  schools,  and  prescribe  the  necessary  qualifications,  and  the 
mode  of  'examination  of  applicants  for  positions  as  superintendent, 
principals,  or  teachers  in  said  graded  common  schools,  but  no  per- 
son shall  be  appointed  or  employed  as  superintendent,  principal  or 
teacher  in  any  graded  common  school  organized  under  the  provis- 


62  GRADED  COMMON  SCHOOLS. 

ions  of  this  law  who  is  not  a  person  of  good  moral  character,  and 
who  has  not  a  county  certificate,  as  required  by  the  common  school 
law  of  Kentucky.  Each  teacher  in  a  graded  common  school,  except 
in  cities  of  the  first,  second,  third  and  fourth  classes,  shall  be  re- 
quired to  keep  a  register  as  prescribed  for  teachers  of  other  common 
schools,  which  register  shall  be  left  with  the  president  of  the  board 
of  trustees,  who  shall  be  responsible  for  it,  and  return  it  to  the 
teacher  at  the  opening  of  the  next  school  term.  From  the  registers 
in  the  hands  of  the  several  teachers  in  the  graded  common  school, 
and  the  record  kept  by  the  board  of  trustees,  the  principal  teacher 
and  the  president  of  the  board  of  trustees  shall,  within  ten  days  after 
the  close  of  the  school  make  a  report  to  the  County  Superintendent 
being  provided  with  blanks  therefor  by  the  superintendent.  (Ky. 
Stat.  Sec.  4474.) 

§  168. — Secretary  of  City  School  Board  Must  Report — It  shall  be 
the  duty  of  each  secretary  of  the  board  of  trustees  of  schools,  main- 
tained wholly  or  in  part  by  the  State,  in  cities  of  the  first,  second, 
third  and  fourth  classes,  to  report  annually,  on  or  before  the  first  of 
September,  to  the  Superintendent  of  Public  Instruction,  such  facts  as 
will  enable  him,  in  his  reports  to  the  General  Assembly,  to  give  the 
important  school  statistics  of  such  cities  in  connection  with  those  of 
the  county  in  which  they  are  situated.  The  secretary  shall  be  supplied 
by  the  Superintendent  of  Public  Instruction  with  blanks  therefor. 
(Ky.  Stat.  Sec,  4475.) 

§  169. — President  and  Secretary  of  Board — The  said  trustees  shall 
elect  one  of  their  number  president,  who  shall  preside  at  their  meet- 
ings, and  perform  such  other  duties  as  may  be  required  of  him,  and 
they  may  elect  a  secretary  and  prescribe  his  duties  The  president 
and  secretary,  or  either  of  them,  shall  make  such  reports  to  the 
County  Superintendent  as  are  required  of  common  school  trustees,  and 
shall  publish  annually  such  information  as  will  show  the  financial 
condition  of  the  graded  common  school  district,  and  such  other  facts 
as  they  may  deem  beneficial  to  the  cause  of  education  in  their  respec- 
tive districts.  (Ky.  Stat.  Sec.  4476.) 

§  170. — Free  Tuition  to  Resident  White  Pupil  Children— All  white 
children  within  the  common  school  age  residing  in  any  graded  com- 
mon school  district  shall  have  the  right  of  free  admission  to  the  grad- 
ed common  school  thereof.  (Ky.  Stat.  Sec.  4477.) 

§  171. — Terms  of  Admission  of  Other  Pupils — The  trustees  may 
admit  into  said  graded  common  school  children  who  do  not  reside 
within  the  said  district,  or  persons  over  the  common  school  age,  on 
such  terms  and  conditions,  and  upon  the  payment  of  such  tuition 
and  other  fees  as  they  may  deem  proper.  (Ky.  Stat,  Sec.  4478.) 

§  172. — Treasurer,  His  Duties  and  Responsibilities — The  said 
board  of  trustees  shall  appoint  a  treasurer  for  said  graded  common 
school  district,  who,  before  entering  upon  the  duties  of  his  office 


KENTUCKY  SCHOOL  LAWS  1914.  63 

shall,  in  the  county  court,  execute  bond,  with  sureties  approved  by 
the  court,  payable  to  the  Commonwealth  of  Kentucky,  for  the  use 
and  benefit  of  the  trustees  of  said  graded  common  school  district, 
conditioned  for  the  faithful  performance  of  his  duties  under  this 
article.  All  funds  arising  from  the  sale  of  bonds  under  this  law  and 
all  funds  collected  for  the  purpose  of  defraying  the  annual  expenses 
of  said  schools,  and  for  the  payment  of  the  principal  and  interest 
of  said  bonds,  or  for  any  other  purposes,  shall  go  into  the  hands  of 
said  treasurer,  who  shall,  together  with  his  sureties,  be  responsible 
therefor.  Said  treasurer  shall  pay  out  said  funds  only  for  the  pur- 
poses for  which  they  were  respectively  collected,  upon  the  written 
order  of  the  president  and  secretary  of  said  board  of  trustees.  The 
board  of  trustees  shall  pay  its  treasurer  such  sum  for  his  services 
as  shall  be  reasonable  and  just.  (Ky.  Stat,  Sec.  4479.) 

§  173.— Payment  of  Pro  Rata  of  the  State  and  the  County  Funds. 
— The  county  superintendent  of  schools  shall  pay  to  the  treasurer 
of  any  graded  common  school  district  that  may  be  organized  and 
operating  in  his  county,  in  conformity  with  this  article,  the  pro  rata 
portion  of  the  State  and  county  funds  due  the  said  district,  accord- 
ing to  the  number  of  pupil  children  therein,  after  the  monthly  and 
term  reports  as  required  of  other  schools,  have  been  properly  filled 
and  certified  to  by  the  chairman  and  secretary  of  the  board  of  trus- 
tees of  said  graded  school  and  filed  in  the  office  of  the  County  Super- 
intendent. The  County  Superintendent  may  withhold  the  amount 
due  for  any  month,  until  the  monthly  report  has  been  properly  made 
and  filed,  or  he  may  withhold  the  amount  due  for  the  last  month 
until  the  annual  report  has  been  properly  made  and  filed.  (Section 
as  amended  by  Acts  of  1914.) 


64  GRADED  COMMON  SCHOOLS. 

tees  of  their  respective  districts,  stating  the  time,  place  and  hours 
of  said  election,  posted  at  no  less  than  six  public,  conspicuous  places 
in  the  district  for  ten  days  previous  to  the  day  of  the  election,  and 
by  one  insertion  thereof  in  the  newspaper,  if  any,  published  in  said 
district.  The  board  shall  appoint  two  judges,  a  clerk  and  a  sheriff  to 
hold  said  election,  who  shall  be  first  duly  sworn  before  acting,  and 
shall  be  housekeepers  and  taxpayers,  resident  in  the  district  for 
which  they  are  appointed,  and  one  of  the  judges  shall  ask  of  each 
voter:  "Are  you  in  favor  of  the  issue  of  bonds  by  the  trustees  of 
the  graded  common  schools  of  this  district,  for  the  purpose  of  pro- 
viding suitable  grounds,  school  buildings,  furniture  and  apparatus  for 
this  district?"  and  the  clerk  shall  record  the  answer,  "Yes"  or  "No," 
as  given  by  the  voter.  If  two-thirds  of  the  voters  voting  at  said  elec- 
tion vote  in  favor  of  the  issue  of  the  bonds,  then  the  trustees  of 
such  graded  common  school  district  may  issue  the  bonds  of  said 
district  for  an  amount  not  exceeding  the  constitutional  limit  and  in 
conformity  with  the  Constitution  of  this  State.  And,  for  the  purpose 
of  meeting  the  interest  on  such  bonds  and  creating  a  sinking  fund 
for  the  payment  of  the  principal  thereof,  and  the  boards  of  trustees 
of  their  respective  districts,  where  the  issue  of  such  bond  is  voted, 
are  authorized  and  empowered  to  levy  annually  a  tax  in  addition  to 
that  already  voted,  which  shall  not  increase  the  tax  rate  for  school 
purposes  in  their  respective  districts  to  more  than  seventy-five  cents 
on  each  $100  worth  of  taxable  property  within  the  district.  The  said 
bonds  may  be  of  any  denomination,  in  even  hundreds,  not  exceeding 
$1,000  each,  running,  not  exceeding  thirty  years,  and  bearing  interest 
at  a  rate  not  exceeding  six  per  cent,  per  annum,  payable  annually  or 
semi-annually,  as  expressed  in  said  bonds,  payable  to  bearer,  with 
interest  coupons  attached.  They  shall  be  signed  by  the  president  of 
said  board  of  trustees  and  attested  by  the  secretary  thereof,  shall 
pass  by  delivery,  and  shall  be  redeemable  at  the  option  of  said  board. 
Said  bonds  shall  be  sold  by  the  trustees,  or  their  authorized  agent, 
for  the  highest  price  obtainable,  but  not  for  less  than  their  face  par 
value  and  accrued  interest,  and  the  proceeds  paid  over  to  the  treas- 
urer and  applied  to  the  uses  and  purposes  contemplated  in  this  law. 
(Ky.  Stat,  Sec.  4481.  ) 

§  175,-^Proviisions  of  Section  4481  Applied  t,o  All  Districts — All 
the  rights  and  powers  as  to  issuing  bonds  and  levying  of  taxes  to 
pay  the  principal  and  interest  of  same  mentioned  in  Section  126  as 
amended  by  the  act  of  the  General  Assembly,  approved  March 
twelfth,  one  thousand  eight  hundred  and  ninety-six,  Acts  1896,  chap- 
ter 4,  and  for  the  purpose  therein  mentioned,  are  hereby  applied  to 
and  conferred  upon  all  graded  common  schools,  maintained  by  any 
city  of  the  fifth  or  sixth  class,  or  any  town  or  school  district  organ- 
ized by  virtue  of  a  special  act  of  the  General  Assembly.  The  election 
to  take  the  sense  of  the  voters  as  to  issuing  of  said~  bonds  and  levy- 


KENTUCKY  SCHOOL  LAWS  1914.  65 

ing  of  said  taxes  to  be  held  by  the  board  of  trustees  as  provided  in 
said  act  of  one  thousand  eight  hundred  and  ninety-six.  (This  section 
is  an  act  of  March  21,  1902.)  (Ky.  Stat,  Sec.  4481a.) 

§     176. — Levy  of  Annual    Property   Tax  and   Capitation   Tax — Pro- 
visions for  Sinking  Fund — The  board  of  trustees  of  any  graded  com- 
mon school  district  where  the  tax  has  been  voted  shall  cause  to  be 
levied  and  collected  an  annual  ad  valorem  tax,  in  any  sum  not  ex- 
ceeding the  amount  voted  for  in  said  district  under  the  "provisions 
of  this   law,   upon   each   one   hundred   dollars   worth   of   property   of 
every  kind  and   character,    having  value   and   owned   by  any  white 
person,  company  or  corporation,  subject  to  taxation  within  the  limits 
of  said  graded  common  school  district;    or  shall  cause  to  be  levied 
annually  a  poll  tax  in  any  sum  not  exceeding  the  amount  voted  in 
said   district  under  this   law,   on   each   white  male  citizen     residing 
within  the  limits  of  any  graded  common  school  district,  over  twenty- 
one  years  of  age,  or  both  an  ad  valorem  and  a  poll  tax,  if  so  voted 
at  the   said   election.     Provided,   no   levy   shall   be   made   under  the 
provisions  of  this  law  later  than  the  close  of  the  fiscal  year  in  which 
the   last   county   assessment   shall   have   been   made.     The   board   of 
trustees  shall,  out  of  collections  under  each  levy,  by  order,  set  apart 
out  of  the  collection  of  each  levy  a  sufficient  amount  to  pay  interest 
for  the  year  on  any  bond  issued,  and  the  treasurer  shall  pay  same; 
and,   in  addition,   shall,   out  of   the   several  levies,   until   entire  pay- 
ment of  such  bonds,  set  aside  a  sufficient  amount  as  a  sinking  fund, 
when   aggregated,   to   meet  the   principal   of  the   bonds   at   maturity, 
which  sinking  fund   shall  be  kept  loaned,  with  ample   security,     or 
profitably  invested,  and  shall  be  used  for  no  other  purpose  than  the 
payment  of  principal  of  such  bonds.    But  if  the  board  so  order,  the 
sinking  fund,  or  any  part  thereof,  may  be  used  in  the  purchase  of 
such  bonds  before  maturity,  except  a  sufficiency  to  pay  interest  on  the 
outstanding  bonds.     Provided,    that     after  July   1,  1914,  any  graded 
common  school  which  has  been  regularly  voted  and  organized,  and 
which  does  not  levy  as  much  as  fifty  cents  on  each  hundred  dollars' 
worth  of  taxable  property,  shall  have  the  power,  and  their  charters 
are  hereby  amended  so  as  to  empower  them  to  levy  any  rate  of  tax 
for  operating  expenses,  not  to  exceed  fifty  cents  on  each  one  hun- 
dred  dollars'   worth   of   taxable   property,   and   one   dollar   and   fifty 
cents  poll  tax,  and  that  their  boards  of  education  be  and  the  same 
are  hereby  authorized  to   exercise  this   power,  when,  in   their  judg- 
ment, the  demands  of  the  school  make  it  expedient,"  so  that  when 
said  Section  is  amended  and  re-enacted  it  will  read  as  follows:    (Sec. 
4482  Ky.  Stat,  as  amended  by  Act  of  1914.) 

§  177. — Assessment,  Collection,  Etc.,  Governed  by  Section  4443, 
Ky.  Statutes — The  assessment  of  property,  the  collection  of  taxes, 
powers  and  duties  of  trustees  and  other  officers  in  graded  common' 
school  districts,  shall  be  governed  by  section  4443.  (Ky.  Stat, 
Sec.  4483.) 


S.   L—  3 


66  GRADED  COMMON  SCHOOLS. 

§  178. — Title  to  all  Common  School  Property  Vested  in  iBoard 
of  Trustees — The  title  to  all  common  school  and  all  county  seminary 
property  in  the  limits  of  any  graded  common  school  district,  organ- 
ized under  the  provisions  of  this  law,  shall  be,  and  the  same  is 
hereby  vested  in  the  board  of  trustees  of  said  graded  common  school 
district,  and  they  are  hereby  authorized  and  empowered  to  sell 
and  convey  the  same,  or  to  use  the  same  for  graded  common  school 
purposes,  as  to  them  shall  seem  best;  but  when  county  seminary 
property  shall  be  appropriated,  all  pupils  of  the  county  shall  be  per- 
mitted to  attend  such  school  at  such  reduced  tuition  f^om  what  is 
ordinary  as  shall  be  equitable,  and  make  good  to  them  their  interest 
in  said  seminary  property.  It  is  further  provided  that  when  any  graded 
school  district  shall  embrace  any  school  property  owned  or  held  in 
trust  by  trustees,  said  trustees,  by  a  majority  vote  of  their  board,  are 
hereby  authorized  and  empowered  to  convey  their  school  property 
to  the  trustees  of  the  graded  school  at  such  price  and  on  snob,  con- 
ditions as  may  be  agreed  upon  by  the  trustees  of  both  parties.  (Ky. 
Stat.  Sec.  4484.) 

§  178a. — When  Trustees  Appoint  Officers  of  Election — Their  Duties 
— After  the  first  election  provided  for  in  this  law,  shall  have  been 
held,  the  tax  voted,  trustees  elected,  and  the  graded  common  school 
organized,  the  board  of  trustees  shall  appoint  the  officers  to  hold  all 
other  elections,  which  officers  shall  take  an  oath  to  be  under  the 
same  responsibilities  and  subject  to  the  same  penalties  as  the  offi- 
cers holding  State  or  county  elections,  only  they  shall  make  returns 
of  poll-books,  and  certify  the  result  of  the  elections  to  the  board  of 
trustees,  who  shall  examine  and  compare  the  same,  and  issue  certi- 
ficates to  the  persons  found  to  be  elected.  (Ky.  Stat.  Sec.  4485.) 

§  179. — Proposition  Failing,  a  Vote  May  be  Had  Again  in  Two 
Years — If  it  be  found  that  a  majority  of  the  votes  cast  upon  the  said 
proposition  in  the  election  provided  for  in  section  128,  (4464  Ky. 
Stat.)  to  be  cast  against  said  tax,  then  the  said  tax  shall  not  be 
levied  or  collected.  But  the  question  of  voting  the  said  tax  may, 
after  the  expiration  of  two  years  from  the  first  or  any  subsequent 
vote,  be  again  submitted  to  the  legal  voters  of  said  district  upon 
the  conditions  and  in  the  manner  prescribed  for  the  first  vote.  (Ky. 
Stat.  Sec.  4486.) 

§  180. — Colored  Graded  Free  Schools — The  provisions  of  this  law 
shall  apply  to  such  graded  common  school  districts  as  may  be  ap- 
plied for  and  organized  by  the  colored  people  of  this  Commonwealth, 
and  such  districts  and  graded  schools  may  be  organized  by  them,  in 
all  cases,  the  same  as  the  white  districts  herein  provided  for  are 
organized.  In  that  case  the  word  "colored"  is  to  be  substituted  for 
the  word  "white"  whenever  it  has  occurred  heretofore  in  this  law. 
No  white  person  shall  vote  at  any  election  held  by  the  colored  people 
under  the  provisions  of  this  law;  nor  shall  the  property  of  any  white 
person  be  taxed  to  maintain  any  graded  common  school  for  colored 


KENTUCKY  SCHOOL  LAWS  1914.  67 

children;  nor  shall  the  property  of  a  colored  person  be  taxed  for  the 
benefit  of  any  graded  common  school  for  white  children;  nor  shall 
any  white  child  attend  any  graded  common  school  for  colored  chil- 
dren organized  under  the  provisions  of  this  law;  nor  shall  any  color- 
ed child  attend  any  graded  common  school  for  white  children.  (Ky. 
Stat.  Sec.  4487.) 

§  181.— Fifth  and  Sixth  Class  Cities,  or  School  Organized  by  Spe- 
cial Act,  May  Accept  Provisions,  etc. — The  provisions  of  this  article 
shall  not  affect  or  in  any  way  interfere  with  any  graded  common 
school  or  schools  maintained  by  any  city  of  the  fifth  or  sixth  class, 
or  any  town  or  school  district  organized  by  virtue  of  a  special  act 
of  the  General  Assembly,  unless  the  said  city,  town  or  district  shall, 
by  a  majority  vote,  endorsed  by  the  recorded  action  of  the  board  of 
trustees,  accept  the  provisions  of  this  article  for  the  government  of 
said  school  or  schools  in  any  election  held  under  the  written  order 
of  the  County  Judge,  or  the  Mayor  of  said  city,  in  the  manner  and 
under  the  restrictions  of  sections  128,  129,  and  130,  in  which  election 
nothing  but  the  matter  of  such  acceptance  shall  be  determined;  and 
the  only  question  propounded  to  each  voter  shall  be:  "Are  you  in 
favor  of  accepting  the  provisions  of  the  general  graded  common 
school  law?"  In  the  event  of  such  majority  vote  in  favor  of  accept- 
ing the  said  provisions,  and  an  endorsement  by  the  board  of  trus- 
tees, the  graded  common  school  or  schools  of  the  said  city,  town  or 
district,  shall  thereafter  be  governed  by  and  subject  to  all  the  pre- 
ceding provisions  for  graded  common  schools.  (Ky.  Stat.  Sec.  4488.) 

§  182. — First,  Second,  Third  and  Fourth  Class  Cities — Provisions 
—The  provisions  of  this  article  shall  not  affect,  or  in  any  way  inter- 
fere with,  any  system  of  graded  common  schools  established  and 
maintained  by  any  city  of  the  first,  second,  third  or  fourth  class, 
by  virtue  of  a  general  or  special  act  of  the  General  Assembly.  Any 
city  of  the  first,  second,  third  or  fourth  class  may  accept  the  provis- 
ions of  this  law,  and  establish  graded  common  schools,  subject  to 
all  the  provisions  thereof,  except  as  especially  hereinafter  provided 
in  this  section,  by  a  majority  vote,  indorsed  by  the  recorded  action 
of  the  board  of  trustees,  at  an  election  held  in  the  manner  prescribed 
in  section  128.  In  the  event  of  a  majority  vote  in  favor  of  accepting 
the  said  provisions,  and  an  indorsement  by  the  board  of  trustees, 
the  following  provisions  shall  apply  to  the  graded  common  schools 
of  such  city  of  the  first,  second,  third  or  fourth  class  instead  of  the  cor- 
responding provisions  in  the  preceding  section  of  this  article:  (1.) 
An  order  for  the  holding  of  an  election,  as  first  provided  in  section 
128,  may  be  made  by  the  Mayor,  and  the  said  Mayor  shall,  in  such 
case,  perform  all  the  duties  required  of  the  County  Judge  in  carrying 
into  effect  the  provisions  of  the  law;  the  number  of  petitioners  shall 
be  one  hundred  instead  of  ten;  the  election  shall  be  held  by  the  offi- 
cer whose  duty  it  is  to  hold  other  city  elections;  the  approval  of  the 
County  Superintendent  shall  not  be  required  in  the  petition;  and  the 


68  GRADED  COMMON  SCHOOLS. 

location  and  site  of  any  proposed  school  house  shall  not  be  required 
to  be  set  out  in  the  said  petition.  (2.)  The  maximum  limit  for  the 
cost  of  any  school  building  shall  be  one  hundred  thousand  dollars 
($100,000),  instead  of  fifteen  thousand  dollars  ($15,000).  (3.)  The  num- 
ber, name  and  style  of  the  board  of  trustees  shall  be  determined  by 
themselves  instead  of  the  number  limited  to  five;  but  the  number  of 
trustees  in  no  case  shall  exceed  one  more  than  theoiumber  of  wards 
in  the  city.  (4.)  The  length  of  the  term,  the  order  of  retirement,  the 
date  of  election  of  trustees,  may  be  fixed  by  the  charter  of  said  city, 
but  the  term  of  office  shall  in  no  case  exceed  four  years.  (5.)  Prin- 
cipals and  teachers  shall  not  be  required  to  hold  county  certificates. 
(6.)  The  president  of  the  board  of  trustees  may  be  elected  from  the 
city-at-large,  if  the  said  board  shall  so  determine.  (7.)  The  Superin- 
tendent of  Public  Instruction  shall  pay  directly  to  the  treasurer  of 
the  city  graded  common  schools  the  pro  rata  portion  of  school  funds 
due  said  city  from  the  iState.  (8.)  The '  aggregate  amount  of  the  out- 
standing bonds  issued  by  the  board  of  trustees  shall  not,  at  any  given 
time,  exceed  2  per  cent,  of  the  taxable  property  of  the  city,  instead 
of  the  bonds  so  issued  being  limited  in  amount  to  fifteen  thousand 
dollars  ($15,000.)  (9.)  The  assessment  of  property  made  by  the  city 
assessor,  and  equalized  according  to  law,  shall  be  made  the  basis  for 
collection  of  city  taxes  for  school  purposes  of  every  kind,  and  the 
said  taxes  shall  be  collected  by  the  city  collector  at  the  time  of  col- 
lecting other  city  taxes,  and  he  shall  be  responsible  on  his  official 
bond  for  the  same.  (Ky.  Stat.  Sec.  4489.) 

§  183. — Tax  to  Complete  Buildings  and  Pay  Old  Debt — The  board 
of  trustees  of  graded  schools  maintained  by  taxation,  and  designed  for 
the  education  of  children  residing  within  certain  boundaries,  may,  in 
case  where  the  tax  now  imposed  in  such  districts  is  not  sufficient  to 
pay  for  the  school  buildings  which  have  heretofore  been  completed 
but  not  paid  for,  issue  bonds  of  such  districts  for  an  amount  equal 
to  the  sum  due  for  completing  the  school  buildings,  and  impose  an- 
nually a  tax  of  not  exceeding  twenty-five  cents  on  each  $100  worth  of 
property  in  the  district,  in  addition  to  the  tax  now  imposed  in  such 
districts,  to  pay  the  bonds  so  issued  and  the  interest  thereon;  and 
the  foregoing  provisions  shall  apply  as  well  to  like  schools  under  the 
authority  and  management  of  a  board  of  education  or  other  authority 
of  a  district,  town  or  city;  and  in  cases  where  bonds  were  issued  prior 
to  the  adoption  of  the  present  Constitution,  by  authority  of  special 
laws,  and  have  matured  without  being  paid,  the  board  of  trustees, 
board  of  education  or  other  authority  of  a  town,  city  or  district, 
may  issue  the  bonds  of  the  district,  town  or  city  to  an  amount  equal 
to  the  sum  still  due  and  unpaid,  under  the  conditions  and  restric- 
tions herein  imposed  (Ky.  iStat.,  Sec.  4490.) 

§  184. — Interest  on  Bonds  Limited — The  bonds  so  issued  shall 
bear  not  exceeding  six  per  cent,  interest  per  annum,  and  shall  be 
issued  by  a  majority  of  the  trustees,  and  in  such  manner  as  they 


KENTUCKY  SCHOOL  LAWS  1914.  69 

may  deem  best,  and  shall  be  payable  at  such  times  and  at  such  places 
and  in  such  amounts  as  they  may  determine;  and  the  tax  to  pay  the 
bonds  and  interest  shall  be  imposed  by  an  order  signed  by  a  majority 
of  the  trustees,  specifying  the  annual  tax  to  be  imposed.  (Ky.  Stat. 
Sec.  4491.) 

§  185. — Assessment  and  Collection  Governed  by  Section  4443  Ky. 
Statute — The  tax  imposed  shall  be  paid  on  the  assessed  value  of  the 
property  in  the  district  as  ascertained  by  the  assessment  made  for 
State  and  county  purposes  next  preceding  the  collection  of  the  tax, 
and  shall  be  collected  in  the  same  manner  as  is  provided  for  the  col- 
lection of  district  taxes  by  section  4443,  Kentucky  Statutes,  and  the 
same  penalties  shall  be  added  for  failure  to  pay  the  same;  and  the 
same  compensation  shall  be  paid  for  its  collection  as  is  paid  for  col- 
lecting State  revenue.  (Ky.  Stat,  Sec.  4492.) 

§  186.— Tax  to  Pay  Bonds  and  Interest— When  Levied— The  board 
of  trustees  shall  annually,  on  the  second  Monday  in  May,  impose  the 
tax,  and  when  paid  the  treasurer  of  the  board  shall  at  once  apply  the 
same  to  the  payment  of  the  bonds  and  interest  as  required  by  the 
board.  When  the  bonds  and  interest  are  paid  the  tax  shall  not  be 
levied  or  collected,  nor  shall  the  trustees,  or  any  of  them,  receive 
any  compensation  for  their  services  under  this  law.  (Ky.  Stat,  Sec. 
4493.) 

§  187. — Who  to  Sign  Bonds — Settlement  of  Accounts — The  bonds 
herein  provided  for  shall  be  signed  by  the  chairman  of  the  board  of 
trustees  of  the  graded  school  and  countersigned  by  the  secretary.  The 
collecting  officer  and  the  treasurer  of  the  board  of  trustees  shall  set- 
tle their  accounts  with  the  board  on  or  before  the  first  Monday  in 
January  each  year,  and  the  board  may  require  them  to  state  their 
accounts  as  often  as  once  every  three  months.  (Ky.  Stat.,  Sec. 
4494.) 

§  187a. — Trustees  May  Issue  Bonds  to  Pay  For  Buildings  and  Im- 
pose Tax — That  the  board  of  trustees  of  graded  schools  maintained  by 
taxation  and  designed  for  the  education  of  children  residing  within 
certain  boundaries,  may,  in  cases  where  the  tax  now  imposed  in  such 
districts  is  not  sufficient  to  pay  for  the  school  buildings,  grounds, 
school  furniture,  apparatus,  and  to  pay  any  debts  that  the  trustees  of 
the  district  have  contracted  in  establishing  and  furnishing  the  same, 
issue  the  bonds  of  such  districts  for  an  amount  sufficient  to  meet  said 
indebtedness,  and  impose  annually  a  tax  of  not  exceeding  twenty-five 
cents  on  each  one-hundred  dollars'  worth  of  property  in  the  districts, 
in  addition  to  the  tax  now  imposed  in  such  districts,  to  pay  the  bonds 
so  issued  and  the  interest  thereon.  (Sec.  4495,  Ky.  Stat.) 

§  i87b. — Bonds — How  Issued — Interest — The  bonds  so  issued  shall 
bear  not  exceeding  six  per  cent  interest  per  annum,  and  shall  be 
issued  by  order  of  a  majority  of  the  trustees  and  in  such  manner  aa 
they  may  deem  best,  and  shall  be  payable  at  such  times  and  at  such 
places,  and  iij  such  amounts  as  they  may  determine,  and  the  tax  to 


70  GRADED  COMMON  SCHOOLS. 

pay  the  bonds  and  interest  shall  be  imposed  by  an  order  signed  by 
a  majority  of  the  trustees,  specifying  the  annual  tax  to  be  imposed. 
(Ky.  Stat.,  Sec.  4496.) 

§  187c. — Tax — Assessment  and  Collection — The  tax  so  imposed 
shall  be  collected  on  the  assessed  value  of  the  property  in  the  dis- 
trict, as  ascertained  by  the  assessment  made  for  State  and  county 
•purposes,  next  preceding  the  collection  of  the  tax,  and  may  be  col- 
lected by  the  sheriff  of  the  county  or  by  a  collector  appointed  for 
that  purpose  by  the  board  of  trustees;  and  the  collector  or  sheriff 
shall  have  the  same  power  in  the  collection  of  such  tax  as  he  has 
in  the  collection  of  a  State  tax,  and  the  same  penalties  shall  be  added 
for  a  failure  to  pay  the  same,  and  it  shall  be  collected  at  the  same 
time  and  in  the  same  manner  as  the  State  tax,  and  the  same  compen- 
sation shall  be  paid  for  its  collection  as  is  paid  for  collecting  the 
State  revenue.  (Ky.  Stat.,  Sec.  4497.) 

187d. — Tax,  When  to  be  Imposed  and  Application  of — The  board  of 
trustees  shall,  annually,  on  the  second  Monday  in  May,  impose  the 
tax,  and  when  collected,  it  shall  be  paid  to  the  chairman  of  the 
board,  who  shall,  at  once;  apply  the  same  to  the  payment  of  the 
bonds  and  interest.  When  the  bonds  and  interest  are  paid,  the  tax 
shall  not  be  levied  or  collected,  nor  shall  the  trustees,  or  any  of 
them  receive  any  compensation  for  their  services  under  this  act. 
(Ky.  '.Stat.,  Sec.  4498.) 

§187e. — Bonds— ^How  Signed — Collected — Bond  and  Oath— Re- 
ceipts of  Taxes  by  Trustees — Bond — The  bonds  herein  provided  for 
shall  be  signed  by  the  chairman  of  the  board  of  trustees  of  the 
graded  school.  No  tax  collector  appointed  under  the  provisions  of  this 
act  shall  commence  the  discharge  of  the  duties  of  his  office  until 
he  has  appeared  in  the  County  Court  of  the  county  in  which  the  graded 
school  is  situated  and  taken  the  oath  of  office  and  executed,  with 
good  sureties,  a  bond  similar  to  that  prescribed  by  law  for  other  tax 
collectors.  Before  the  chairman  of  the  board  of  trustees  shall  receive 
the  taxes  collected,  as  provided  for  by  section  4498,  he  shall  execute 
in  the  County  Court  a  bond,  with  good  surety,  conditioned  for  his 
faithful  application  of  the  moneys  that  may  come  to  his  hands.  If 
he  shall  fail  or  decline  to  give  such  bond,  then  the  sheriff  or  col- 
lector shall  hold  the  taxes  collected,  subject  to  be  paid  out  upon  the 
bonds  as  ordered  by  the  board  of  trustees.  The  collecting  officer  and 
the  chairman  of  the  board  of  trustees  shall  settle  their  accounts  with 
the  board  on  or  before  the  first  Monday  in  January  each  year,  and 
the  board  may  require  them  to  state  their  accounts  as  often  as  once 
every  three  months.  (Ky.  Stats.,  Sec.  4499.) 

187f. — Trustees  May  Collect  Tax  and  Pay  Debt — That  in  the  event 
trustees  do  not  desire  to  issue  bonds,  they  shall  collect  the  taxes  pro- 
vided for  in 'the  previous  sections  and  apply  the  same,  after  paying 
cost  of  collecting,  to  the  discharge  of  the  indebtedness,  pro  rata,.  from 
year  to  year,  till  all  the  said  debts  are  paid;  and  if,  after  making  final 


KENTUCKY  SCHOOL  LAWS  1914.  71 

levy  and  paying  the  debts,  there  is  a  residue,  it  shall  be  turned  over 
to  the  district  treasurer  and  become  common  funds  of  the  district. 
But  excepting  the  residue  mentioned  in  this  section,  no  part  of  the 
taxes  or  proceeds  of  bonds  herein  provided  for  shall  be  used  for  any 
other  purpose  than  paying  cost  of  collecting  and  the  debts  contracted 
by  the  trustees  prior  to  the  time  of  levying  the  first  year's  tax  pro- 
vided for  in  this  chapter.  (Ky.  Stat.,  Sec.  4500.) 

§  187g. — Refunding  Bonds  May  be  Issued  for  Common  or  Graded 
School— That  it  shall  be  lawful  for  any  public  school  district  or  graded 
common  school  district  in  this  State,  which  through  or  by  their  respec- 
tive board  of  trustees,  or  otherwise,  may  have  heretofore  issued  the 
bonds  of  such  district,  and  which  bonds  are  still  outstanding  and 
bearing  a  high  rate  of  interest,  to  refund  said  bonds  and  in  lieu  of 
them  issue  new  bonds,  bearing  interest  at  a  rate  not  greater  than  five 
per  cent  per  annum,  payable  semi-annually,  with  interest  coupons  at- 
tached, and  to  run  not  less  than  twenty  years,  said  bonds  and  coupons 
to  be  made  payable  to  bearer  and  to  be  serially  numbered.  The  bonds 
to  be  signed  by  the  chairman  of  the  board  of  trustees  of  the  district 
issuing  the  same  and  countersigned  or  attested  by  the  secretary  of 
said  board,  the  coupon  to  be  signed  by  the  secretary.  Said  new  bonds 
may  be  of  any  denomination  to  be  determined  by  the  board  of  trus- 
tees, but  not  to  exceed  one  thousand  dollars,  and  the  said  new  bonds 
shall  not  in  the  aggregate  exceed  the  amount  of  the  old  bonds  and  ac- 
crued interest,  and  the  actual  expense  of  repairing  and  negotiating 
the  new  bonds. 

The  bonds  to  be  issued  under  the  provisions  of  this  act  shall  be 
paid,  principal  and  interest,  in  the  manner  and  at  the  place  pro- 
vided toy  law  for  the  payment  of  the  old  bonds  in  lieu  of  which  the 
new  bonds  may  be  issued. 

Neither  the  new  bonds  to  be  issued  under  the  authority  of  this 
act  nor  any  of  the  proceeds  of  the  sale  thereof,  shall  be  used  for  any 
purpose  other  than  the  liquidation  of  said  old  bonds  and  the  neces- 
sary expense  of  issuing  and  placing  the  bonds. 

The  board  of  trustees  of  the  school  district  for  the  benefit  of 
which  said  new  bonds  are  authorized  to  be  issued  are  empowered  to 
sell  the  bonds  to  be  issued  as  aforesaid,  for  the  best  price  obtain- 
able, not  less  than  par,  and  to  use  the  proceeds  in  paying  off  and 
liquidating  the  old  bonds,  in  lieu  of  which  the  new  bonds  are  to  be 
issued;  or  they  may  deliver  the  new  bonds  to  the  holders  of  the  old 
ones  in  payment  thereof  on  such  terms  as  may  be  agreed  upon. 

The  bonds  authorized  by  this  act  shall  pass  by  delivery,  and  shall 
entitle  the  holders  thereof  to  collect  and  receive  from  the  school  dis- 
trict issuing  the  same  the  full  amount  of  the  bonds  so  held. 

The  bonds  to  be  issued  under  this  act  shall  conform  in  general 
outlines  and  form  as  nearly  as  may  be  practicable  to  the  old  bonds 
in  lieu  of  which  they  are  to  be  issued. 


?2  GRADED  COMMON  SCHOOLS. 

The  hoard  of  trustees  of  any  public  school  district  which  may 
issue  bonds  under  the  provisions  of  this  act,  shall  have  the  right  at 
its  option  to  take  in  any  of  said  bonds  at  any  time  after  five  years 
from  the  date  of  same  by  paying  the  face  value  thereof  and  accrued 
interest  up  to  the  time  of  payment.  Ky.  Stat.,  Sec.  4500a.) 

§  188. — Special  Charter  Schools — Tax  Levy— That  those  graded 
schools  in  this  Commonwealth,  operating  under  special  charters 
granted  by  the  General  Assembly,  and  known  as  Special  Act  Schools, 
which  do  not  now  levy  as  much  as  fifty  cents  on  each  one  hundred 
dollars  worth  of  taxable  property  within  their  respective  districts, 
shall  have  the  power,  and  their  charters  are  hereby  so  amended  so 
as  to  empower  them  to  levy  any  rate  of  tax  for  operating  expenses 
not  to  exceed  fifty  cents  on  each  one  hundred  dollars  worth  of  tax- 
able property  within  their  respective  districts  and  all  other  graded 
schools  of  this  Commonwealth,  and  that  their  Boards  of  Education 
be,  and  same  are  hereby  authorized  to  exercise  this  power  when  in 
their  judgment,  the  demands  of  the  school  make  it  expedient. 

This  law  shall  be  in  force  and  effect  upon  its  passage  and  ap- 
proval by  the  Governor.  All  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act,  are  hereby  repealed.  (Acts  of  1912.) 

§  188a. — Consolidated  School  May  be  Formed — "Whenever  it  be- 
comes desirable  on  account  of  geographical  or  other  conditions  to  es- 
tablish a  consolidated  school,  composed  of  a  graded  common  school 
and  other  adjoining  common  school  subdistrict  or  subdistricts,  the 
board  of  trustees  of  such  graded  common  school  shall  have  authority 
to  enter  into  contract  with  the  county  board  of  education  of  the  county 
in  which  said  graded  common  school  district  is  located,  to  establish, 
operate  and  maintain  such  consolidated  school.  The  contract  when 
made  shall  be  in  writing,  and  shall  stipulate  in  full  and  complete 
terms,  the  number  of  years  such  contract  shall  exist,  the  employment 
of  teachers,  the  arrangements  of  the  course  of  study,  and  all  other 
arrangements  necessary  to  the  successful  conduct  of  such  consoli- 
dated school.  The  expense  of  the  transportation  of  pupils  to  and 
from  such  consolidated  school  may  be  provided  for  jointly  by  the 
graded  common  school,  and  the  subdistrict  or  subdistricts  annexed 
or  by  the  subdistricts  alone.  The  tax  for  the  transportation  of  pupils 
by  the  subdistricts  concerned  shall  be  voted,  levied  and  collected  in 
the  same  way  and  at  the  same  time  that  other  consolidated  schools 
vote,  levy  and  collect  a  tax  for  the  same  purpose."  (Act  of  1914.) 


KENTUCKY  SCHOOL  LAWS  1914.  73 

CHAPTER  XIII. 
TEACHERS'    INSTITUTE. 

§  189. — Organization — Object — Time — Programme  and  Syllabus — 
Penalty — It  shall  be  the  duty  of  each  County  Superintendent  to  organ- 
ize, and  cause  to  be  held  annually,  a  teachers'  institute  for  the  nor- 
mal instruction,  improvement  and  better  qualification  of  the  teachers 
in  his  county.  The  institute  shall  occupy  not  less  than  five  nor  more 
than  ten  days,  and  shall  be  held  between  the  first  day  of  July  and  the 
first  day  of  November.  The  Superintendent  of  Public  Instruction 
and  the  two  professional  members  of  the  State  Board  of  Examiners 
shall  constitute  a  committee  on  programme  to  prepare  and  place  in 
the  hands  of  each  County  Superintendent,  not  later  than  June  first 
of  each  year,  a  programme  of  the  work  of  the  institute,  and  a  syl- 
labus of  each  subject  of  instruction.  The  programme  and  syllabus 
shall  be  furnished  each  member  of  the  institute,  and  shall  be  faith- 
fully and  efficiently  carried  out.  Any  County  Superintendent,  who 
shall  wilfully  fail  or  neglect  to  hold  the  annual  institute  as  prescribed 
in  this  article,  shall  be  fined  fifty  dollars.  (Ky.  Stat,  Sec.  4507  ) 

§  190. — One  or  more  Able  and  Experienced  Conductors  to  be  Em- 
ployed— Each  County  Superintendent  of  the  State  may  employ  one 
or  more  able  and  experienced  institute  instructors  to  direct  each  In- 
stitute held  by  him,  and  to  instruct  the  teachers  thereof.  (Ky.  Stat., 
Sec.  4508.) 

§  191. — Convention  of  Institute  Conductors — Object  of — Beginning 
in  1894,  the  Superintendent  of  Public  Instruction  may,  annually,  call 
all  the  professional  institute  workers  of  the  State  into  institute  con- 
vention at  the  State  Capital,  during  the  month  of  May,  for  the  pur- 
pose of  better  organization  and  more  effective  management  of  in- 
stitute work.  At  the  said  institute  convention,  the  whole  subject  of 
institute  work  shall  be  thoroughly  discussed  and  the  best  plans  for 
prosecuting  it  throughout  the  State  shall  be  adopted  and  used  in  all 
counties.  The  said  institute  convention  may  suggest  to  the  commit- 
tee on  programme,  principles,  subjects  and  methods  for  incorporation 
in  the  programme  syllabus.  (Ky.  Stat,  Sec.  4509.) 

§  192.— Who  Must  Attend  Institute— Penalty  for  Non-Attendance, 
etc. — Sickness  and  Disability — Every  teacher  of  a  common  school,  in- 
cluding teachers  of  the  graded  common  schools  in  cities  of  the  fifth 
and  sixth  classes,  who  hold  a  State  diploma,  State  certificate  or 
county  certificate,  or  who  contemplate  applying  for  a  certificate  of 
qualification  to  teach  in  the  common  schools,  shall  attend  the  full 
session  of  the  institute  in  his  home  county,  unless  he  is  teaching  in 
another  county  in  which  the  institute  is  yet  to  be  held,  or  has  at- 
tended the  institute  of  a  county  in  which  he  has  a  contract  to  teach. 
If  teaching  in  a  county  other  than  his  home  county,  whose  institute 


74  TEACHERS'  INSTITUTE. 

is  yet  to  be  held,  he  must  attend  the  full  session  of  the  latter.  The 
County  Superintendent  shall  revoke  the  certificate  of  anv  teaclifer  who 
shall  fail  or  neglect  to  attend  the  full  session  of  the  institute,  unless 
the  superintendent  shall  he  fully  satisfied  that  such  failure  has 
been  caused  by  actual  sickness  or  other  disability.  After  the  county 
institute  has  been  held,  it  shall  be  unlawful  to  grant  any  person  a 
certificate  to  teach  at  any  time  during  that  school  year,  unless  the 
said  person  shall  have  attended  the  full  session  of  the^  institute  of 
that  or  some  other  county  during  that  school  year,  or  unless  the 
County  Superintendent  shall  be  fully  satisfied  that  the  failure  to  at- 
tend the  institute  has  been  caused  by  sickness  or  other  disability. 
During  the  institute,  there  shall  toe  a  suspension  of  all  the  schools 
as  are  in  session,  but  no  reduction  of  the  teachers'  salary  shall  be 
made  on  account  of  such  suspension.  The  time  of  actual  attendance 
upon  the  institute  in  days  and  parts  of  days  shall  be  accredited  to 
the  teachers,  if  institute  be  held  during  the  session  of  his  school.  At 
the  close  of  the  institute,  the  County  Superintendent  shall  give  to 
each  teacher  or  other  person  in  attendance  a  certificate  of  the  num- 
ber of  days  and  parts  of  days  that  the  teacher  or  other  person  has 
attended,  which  certificate  of  attendance  shall  be  filed  by  the  teacher 
with  the  chairman  of  the  division  board  of  education  of  the  district, 
who  shall  make  report  thereof  to  the  County  Superintendent  at  the 
time  of  reporting  the  school."  (Ky.  Stat.,  Sec.  4510  as  amended  Chap. 
35,  Acts  1906.) 

§  193.— Joint  Institutes — Two  Conductors  to  be  Engaged — Record 
— Any  adjoining  counties,  not  exceeding  four  in  number,  may  com- 
bine and  hold  a  joint  institute:  Provided,  The  County  Superintendents 
of  all  the  counties  concerned  shall  agree  upon  the  plans  necessary 
to  the  purpose;  that  each  of  them  shall  attend  the  full  session  of 
the  said  joint  institute,  and  keep  the  record  provided  in  section  one 
hundred  and  sixty-seven,  and  that  at  least  two  able  and  experienced 
instructors  are  employed,  if  more  than  two  counties  are  combined. 
(Ky.  Stat.,  Sec.  4511.) 

§  194.— Duties  of  County  Superintendent — Fees— The  County  Sup- 
erintendent shall  be  present  during  the  entire  session  of  the  institute; 
shall  have  the  roll  called  every  morning  and  afternoon;  shall  keep 
a  strict  daily  register  of  the  presence,  absence  and  tardiness  of  the 
teachers  and  other  members,  and  of  the  exercises  of  the  institute,  and 
after  the  close  thereof,  shall  have  the  proceedings  printed  in  one  or 
more  newspapers.  He  may  collect  two  dollars,  but  in  no  case  shall 
he  collect  less  than  one  dollar  from  each  teacher  or  other  person  in 
attendance  on  the  institute,  except  honorary  members,  and  twenty- 
five  cents  of  the  sum  so  collected  from  each  person  shall  be  paid  into 
the  county  library  fund.  From  the  fees  collected  from  the  teachers 
and  other  persons  in  attendance  the  County  Superintendent  shall  pay 
all  necessary  expenses  of  the  institute.  The  proceedings  shall  be 


KENTUCKY  SCHOOL  LAWS  1914.  75 

published  in  such  local  papers  as  will  do  this  without  charge,  and 
one  copy  shall  be  forwarded  to  the  office  of  Superintendent  of  Public 
Instruction.  Any  residue,  after  the  payment  of  institute  expensese  shall 
also  be  paid  the  county  library  fund.  In  case  of  a  joint  institute,  any 
surplus  fund  shall  be  pro  rated  among  the  counties  concerned.  (Ky. 
Stat,  Sec.  4512.) 

§  195. — Selection  of  Proper  Place  for  Institute — Notices  of — In 
selecting  a  proper  place  for  holding  the  teachers'  institute,  the  Coun- 
ty Superintendent  shall  decide  with  reference  to  the  convenience  and 
accommodation  of  the  place,  and  shall  endeavor  to  make  such  ar- 
rangements as  he  best  can  for  economizing  and  reducing  the  ex- 
penses of  teachers  while  in  attendance.  He  shall,  twenty  days 
before  the  institute  begins,  notify  by  mail  the  trustees  of  his  county 
of  the  time  and  place  of  holding  it;  and  it  shall  be  the  duty  of  each 
trustee  to  notify  promptly  every  teacher  in  his  school  subdistrict. 
The  County  iSuperintendent  shall  likewise  direct  the  trustee  of  each 
subdistrict  to  post  notices  thereof.  (Ky.  Stat.,  Sec.  4513.) 

§  196. — Normal  Instructors  to  be  Recommended — The  Superin- 
tendent of  Public  Instruction  may,  when  requested  by  a  County  Super- 
intendent, recommend  able  and  experienced  normal  instructors  to  con- 
duct the  teachers'  institute  whose  pay  shall  be  derived  from  and 
paid  by  the  County  Superintendent  out  of  the  funds  raised  from  the 
teachers  and  other  members  of  the  institute.  (Ky.  Stat,  Sec.  4514.) 

§  197. — Subject  of  Instruction — At  each  session  of  the  institute, 
every  subject  embraced  in  the  common  school  course  shall  be 
brought  before  the  institute,  illustrated  and  described,  and  every  fea- 
ture of  school  organization  and  school  management,  together  with 
the  whole  work  of  the  teacher,  shall  be  considered,  and  the  common 
school  laws  of  the  State  read  and  expounded.  (Ky.  Stat.,  Sec.  4515.) 

§  198. — County  Teachers'  Association — During  the  session  of  the 
institute  there  shall  be  held  a  county  teachers'  association  and  one 
hour  in  the  afternoon  or  night  meeting  shall  be  daily  set  apart  for 
this  purpose.  The  association  may  be  composed  of  all  the  officers 
and  teachers  of  common  schools  present,  and  shall  be  called  to- 
gether by  the  County  Superintendent,  who  shall  be  ex-officio  pres- 
ident. The  object  of  such  association  shall  be,  primarily,  to  discuss 
and  devise  the  best  ways  and  means  of  promoting  the  interest  of 
education,  the  improvement  of  teachers,  and  the  methods  of  teach- 
ing and  especially  to  devise  means  for  securing  better  school  houses, 
better  attendance,  and  local  aid  for  common  schools.  The  said  asso- 
ciation shall  be  a  permanent  organization,  with  one  vice-president 
for  each  magisterial  district  to  be  elected  or  appointed;  and  shall 
hold  at  least  one  meeting  in  each  magisterial  district,  besides  the 
meeting  at  the  institute  during  the  first  six  months  of  each  school 
year.  Every  teacher  shall  attend  at  least  the  meeting  held  in  the 
magisterial  district  in  which  he  shall  teach,  and  upon  failure  to  do 
BO,  shall  teach  an  additional  day  during  the  school  month  following 


76  COUNTY  AND  DISTRICT  LIBRARY. 

such  failure,  unless  he  shall  satisfy  the  County  Superintendent  that 
such  failure  was  caused  by  sickness  or  other  actual  inability.  The 
County  Superintendent  shall  attend  each  meeting  of  the  association, 
and  shall  prepare  or  have  prepared  a  programme  of  the  exercises 
therefor.  (Ky.  Stat,  Sec..  4516.) 

§  199.— Report  of  County  Superintendent— The  County  Superin- 
tendent shall,  at  the  time  of  making  his  annual  report  to  the  superin- 
tendent, also  report  the  time  and  place  of  holding  the  teachers'  in- 
stitute, the  name  of  the  person  or  persons  conducting  the  same,  the 
number  of  persons  registered  as  in  attendance,  the  sum  collected 
by  a  fee  from  each  person  in  attendance,  the  number  of  teachers  of 
common  schools  in  the  county  who  did  not  attend  the  institute  and 
teachers'  association;  and  such  other  facts  as  he  may  deem  of  value 
and  interest.  (Ky.  Stat.,  Sec.  4517.) 


CHAPTER  XIV. 
COUNTY  AND   DISTRICT   LIBRARY. 

§  200.— County  Library — By  Whom  Kept — Funds — How  Provided 
— There  shall  be  a  county  teachers'  library  in  each  county  of  the  Com- 
monwealth to  be  kept  under  the  care  and  in  the  office  of  the  County 
Superintendent,  for  the  exclusive  use  and  benefit  of  the  teachers  of 
the  county.  The  sums  collected  for  the  purpose  at  each  annual  in- 
stitute, and  all  sums  added  thereto  by  donation,  shall  constitute  the 
county  library  fund,  which  shall  be  kept  and  accounted  for  by  the 
County  Superintendent.  (Ky.  Stat.,  Sec.  4518.) 

§  201. — Library  Committee — By  Whom  Composed — Duties — The 
County  Superintendent,  as  chairman,  and  two  persons  annually  elect- 
ed by  the  county  institute,  shall  constitute  a  library  committee,  for 
the  selection  and  purchase  of  books,  periodicals  and  furniture, 
and  for  the  adoption  of  rules  for  the  management  of  the  library  un- 
der the  regulations  of  the  State  Board  of  Education.  The  Superin- 
tendent of  Public  Instruction  shall  supply  each  of  these  libraries 
with  a  bound  copy  of  each  edition  of  the  school  law,  of  his  biennial 
reports,  and  other  publications  of  his  department.  The  library  com- 
mittee shall  keep  a  permanent  record  of  its  acts  and  accounts  open 
at  all  times  for  the  inspection  of  the  teachers;  and,  through  its 
chairman,  shall  annually  report  to  the  county  institute  an  itemized 
statement  of  all  sums  received  and  expended;  the  number,  names  and 
cost  of  books  and  other  articles  purchased;  all  donations  of  books 
and  periodicals,  with  the  names  of  the  donors;  the  number  of  books 
belonging  to  the  library;  the  number  in  the  library;  the  number  in 
loan,  and  such  other  facts  as  may  be  required;  and,  in  his  annual  re- 
port to  the  Superintendent  of  Public  Instruction,  the  County  Superin- 


KENTUCKY  SCHOOL  LAWS  1914.  77 

tendent  shall  state  the  sums  received,  the  sums  expended,  the  num- 
ber of  volumes  in  the  library,  and  the  increase  during  the  year.  (Ky. 
Stat,  Sec.  4519.) 

§  202. — Organization  and  Management  of  District  Library — When, 
by  contribution,  purchase  or  otherwise  forty  volumes  can  be  collected 
for  such  purpose,  the  subdistrict  trustees  may  organize  a  district 
library -in  connection  with  the  school  of  the  subdistrict,  which  shall 
be  for  the  use  of  the  subdistrict  in  which  the  same  is  located.  They 
may  make  such  suitable  arrangements  for  keeping  the  books  and 
periodicals  of  the  said  library  as  may  be  necessary,  and  may  appoint 
a  suitable  person  to  take  charge  of  the  same,  and  to  manage  it  ac- 
cording to  such  rules  as  they  may  prescribe,  subject  to  the  regula- 
tions prescribed  by  the  County  Board  of  Examiners.  (Ky.  Stat.,  Sec. 
4520.) 

§  203. — Trustees  to  Have  Control  of  District  Library — Regulations 
• — The  trustees  shall  have  the  same  control  over  the  library  as  over 
the  other  school  property;  may  receive  donations  of  books,  maps, 
charts  and  other  works  of  interest.  But  no  books  of  a  sectarian,  in- 
fidel or  immoral  character  shall  be  placed  in  the  library;  and  any 
such  books  found  therein  shall  be  removed  by  order  of  the  trustees 
or  of  the  County  Superintendent.  The  library  shall  be  free  to  all 
pupils  of  suitable  age  belonging  to  the  schools-  of  the  subdistrict,  but 
any  resident  of  the  subdistrict  may  become  entitled  to  the  privileges 
upon  the  payment  of  such  sum  of  money  for  membership  as  the  trus- 
tees may  prescribe.  (Ky.  Stat.,  Sec.  4521.) 


CHAPTER  XV. 
ENFORCED  ATTENDANCE. 

§  204.— Parents  and  Guardians  to  Send  Them  to  School— Every 
parent,  guardian  or  other  person  residing  within  the  boundary  of  the 
county  school  district  law,  and  having  the  custody,  control  or  super- 
vision of  any  child,  or  children  between  the  ages  of  seven  and  twelve 
years,  inclusive,  shall  cause  such  child  or  children  to  be  enrolled  in 
and  to  attend  some  public  or  private  day  or  parochial  school  regularly 
for  the  full  common  school  or  graded  common  school  term  in  each 
year  in  the  common  school  district  of  the  county  in  which  such  child 
or  children  may  live  in  this  Commonwealth:  Provided,  however,  that 
this  act  shall  not  apply  in  any  case  where  the  child  has  been  or  is  be- 
ing taught  at  home  in  such  branches  as  are  taught  in  the  public 
schools  for  a  like  period  of  time  and  subject  to  the  same  examination 
as  other  pupils  in  the  district  in  which  such  child  resides;  and  for 
the  purpose  of  ascertaining  whether  or  not  any  child  is  embraced 
within  this  exemption  the  County  Court  may  order  such  child  to  sub- 


78  ENFORCED    ATTENDANCE. 

mit  to  an  examination  to  be  given  by  the  County  Superintendent  of 
schools  Provided,  further  that  this  section  shall  not  apply  to  any  child 
who  is  excused  by  the  County  Board  of  Education,  upon  its  being 
shown  to  the  satisfaction  of  the  County  Superintendent  of  schools 
that  such  child  is  not  in  proper  physical  or  mental  condition  to  attend 
school. 

§  205.— Penalty  for  False  Statement— Any  parent,  guardian,  or 
other  person  having  the  custody,  control  or  supervision  of  any  child 
embraced  within  the  provisions  of  this  act,  who,  with  the  intent  to 
evade  the  provisions  of  this  act,  shall  make  a  false  statament  con- 
cerning the  age  of  such  child  or  the  time  such  child  has  attended 
school,  shall  be  deemed  guilty  of  misdemeanor,  and  upon  conviction 
thereof  may  be  fined  in  any  sum  not  exceeding  fifty  dollars  or  by 
imprisonment  in  the  county  jail  not  exceeding  thirty  days,  or  both  so 
fined  and  imprisoned  at  the  discretion  of  the  court. 

Any  parent,  guardian  or  other  person  having  the  custody,  control 
or  supervision  of  any  child  embraced  within  this  act  who  shall  be  pro- 
ceeded against  under  this  act,  may  prove  in  defense  that  he  is  unable 
to  compel  the  child  under  his  control  to  attend  school,  and  he  may 
thereupon  be  discharged  from  liability,  and  such  child  shall  be  pro- 
ceeded against  as  a  delinquent  child  under  the  statutes  in  such  cases 
made  and  provided. 

§  206. — Penalty  for  Violation — Any  parent,  guardian  or  other  per- 
son failing  to  comply  with  the  provisions  of  this  act  shall  forfeit  to 
the  use  of  the  schools  within  the  district  in  which  such  child  lives  a 
sum  not  less  than  five  dollars  ($5.00)  nor  more  than  twenty  dollars 
($20.00)  for  the  first  offense  nor  less  than  ten  dollars  nor  more  than 
fifty  dollars  for  the  second  and  every  subsequent  offense,  and  cost  of 
suit. 

§  207.— Teachers  to  Report  Absence  of  Children— It  shall  be  the 
duty  of  the  teachers  to  report  promptly  and  regularly  to  the  subdis- 
trict  trustees  or  other  local  school  officers  and  to  the  County  Board 
of  Education  through  the  County  Superintendent  of  Schools,  the  names 
of  all  parents,  guardians  or  other  persons  who  fail  to  comply  with 
the  provisions  of  this  act.  It  shall  then  be  the  duty  of  said  subdistrict 
trustee  or  other  local  school  officers,  and  said  County  Boards  of  Edu- 
cation through  the  County  Superintendent  of  Schools  to  give  written 
notice  to  the  parents,  guardians  or  other  persons  having  control  or  cus- 
tody of  such  child  that  the  attendance  of  such  child  is  required,  and 
if  such  parent,  guardian  or  other  person  having  control  or  supervision 
of  such  child  does  not  comply  immediately  with  the  provisions  of  this 
act,  then  said  subdistrict  trustees  or  other  local  school  officers,  and 
said  Board  of  Education  shall  proceed  against  such  child  as  a  delin- 
quent child,  and  against  such  parents,  guardians  or  other  persons  hav- 
ing the  custody,  control  or  supervision  of  such  child  for  violation  of 
this  act  for  contributing  to  the  delinquency  of  such  child. 


KENTUCKY  SCHOOL  LAWS  1914.  79 

§  208. — County  Court  has  Jurisdiction — The  County  Courts  of  the 
respective  counties  of  the  Commonwealth  shall  have  exclusive  juris- 
diction of  all  cases  coming  within  the  terms  and  provisions  of  this 
act,  and  any  fines  or  penalties  may  be  recovered  by  rule  or  in  any  way 
in  which  a  court  of  equity  may  enforce  its  orders  or  decrees. 

§  209. — Record  of  Birth  and  Age  of  Child— A  passport,  a  duly  at- 
tested transcript  or  the  certificate  of  birth  or  baptism,  a  certified 
copy  under  oath  of  a  record  in  the  family  Bible,  or  other  religious 
record  showing  the  date  and  place  of  birth  of  such  child  shall  be  pro- 
duced as  proof  of  age.  In  case  such  certificate  or  record  as  herein- 
before provided  cannot  be  secured,  upon  proof  of  such  fact,  the  rec- 
ord of  the  age  stated  in  the  first  enrollment  to  be  found  shall  be  con- 
sidered as  evidence  thereof.  If  there  be  no  school  enrollment  showing 
such  fact,  other  evidence  as  to  the  age  of  said  child  shall  be  consid- 
ered. 


CHAPTER  XVI. 

COMPULSORY   ATTENDANCE    AND    TRUANCY    LAW      IN     CITIES 
OF  THE   FIRST,  SECOND,  THIRD   AND   FOURTH    CLASSES. 

(Act.   1910.) 

§  210. — Children  Between  the  Ages  of  7  and  16  to  be  Enrolled  in 
School — Exceptions — That  every  parent,  guardian  or  other  person  in 
any  city  of  the  first,  second,  third  or  fourth  class,  having  the  cus- 
tody, control  or  supervision  of  any  child,  or  children,  between  the 
ages  of  seven  and  sixteen  years  inclusive,  shall  cause  such  child  to 
be  enrolled  in  and  to  attend  some  public  or  private  day  or  parochial 
school  regularly  each  school  year  for  a  full  term  or  period  of  said 
school,  provided  that  such  private  or  parochial  school  term  shall  not 
be  for  a  shorter  period  during  each  year  than  the  term  of  the  public 
schools  in  the  city  of  the  child's  residence.  Provided,  further,  that 
this  act  shall  not  apply  in  any  case  where  the  child  has  been,  or  is 
being  taught  at  home  in  such  branches  as  are  taught  in  the  public 
schools  for  a  like  period  of  time  and  subject  to  the  same  examina- 
tions as  other  pupils  of  the  city  in  which  the  child  resides;  and  for 
the  purpose  of  ascertaining  whether  or  not  any  child  is  embraced 
within  this  exemption  the  court  may  order  such  child  to  submit  to 
an  examination  to  be  given  by  the  City  'Superintendent  of  Schools. 
Provided,  further,  that  this  section  shall  not  apply  to  any  child  who 
is  excused  by  the  Board  of  Education  or  school  board  of  the  city  in 
which  the  parent,  guardian  or  person  having  the  custody,  control  or 
supervision  of  such  child  or  children  reside,  upon  it  being  shown 
to  the  satisfaction  of  the  superintendent  or  chief  executive  officer 
of  schools  upon  certificate  of  the  health  officer,  which  certificate 
shall  be  filed  in  the  office  of  the  superintendent  of  schools,  that 


80      COMPULSORY  ATTENDANCE  AND  TRUANCY. 

such  child  is  not  in  proper  physical  or  mental  condition  to  attend 
school.  Provided,  further,  that  the  provisions  of  this  act  shall  not 
apply  to  any  child  between  fourteen  and  sixteen  years  of  age  for 
whom  an  employment  certificate  may  have  been  issued  in  accord- 
ance with  the  provisions  of  the  child  labor  law. 

§  211.— Penalty  for  Failure  to  Comply  With  Act— Any  parent, 
guardian  or  other  person  having  the  custody,  control  or  supervision 
of  any  child  embraced  within  the  provisions  of  this  act,  who  shall 
fail  to  comply  with  the  provisions  of  this  act,  shall  be  deslned  guilty 
of  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any 
sum  not  exceeding  twenty-five  ($25)  dollars  for  the  first  offense, 
and  for  any  subsequent  offense,  upon  conviction  thereof,  shall  be 
fined  in  any  sum  not  exceeding  one  hundred  ($100)  dollars,  or  by 
imprisonment  in  the  county  jail  for  any  period  not  exceeding  fifty 
days,  or  both  so  fined  and  imprisoned,  in  the  discretion  of  the  court. 

§  212. — Evasion  by  False  Statement — Penalty — Defense — Any 
parent,  guardian,  or  other  person  having  the  custody,  control  or 
supervision  of  any  child,  embraced  within  this  act,  who  with  the 
intent  to  evade  the  provisions  of  this  act,  shall  make  a  false  state- 
ment concerning  the  age  of  such  child  or  the  time  such  child  has 
attended  school,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  any  sum  not  exceeding  one  hun- 
dred ($100)  dollars,  or  by  imprisonment  in  the  county  jail  for  a  pe- 
riod not  exceeding  fifty  days,  or  both  so  fined  and  imprisoned  in 
the  discretion  of  the  court.  Any  parent,  guardian,  or  other  person 
having  the  custody,  control  or  supervision  of  any  child  embraced 
within  this  act,  who  shall  be  proceeded  against  under  this  act,  may 
prove  in  defense  that  he  is  unable  to  compel  the  child  under  his  con- 
trol to  attend  school,  and  he  may  be  thereupon  discharged  from 
liability,  and  such  child  shall  be  proceeded  against  as  a  delinquent 
child  under  the  statutes  in  such  cases  made  and  provided. 

§  213. — Record  of  Age — A  passport,  a  duly  attested  transcript  of 
the  certificate  of  birth  or  baptism,  a  certified  copy  under  oath  of  a 
record  in  the  family  Bible,  or  other  religious  record,  showing  the 
date  and  place  of  birth  of  such  child  shall  be  produced  as  proof  of 
age.  In  case  such  certificate  or  record  as  hereinabove  provided  can 
not  be  secured,  upon  proof  of  such  fact,  the  record  of  the  age  stated 
in  the  first  school  enrollment  to  be  found  shall  be  considered  as  evi- 
dence thereof.  If  there  be  no  school  enrollment  showing  such  fact, 
other  evidence  as  to  the  age  of  said  child  may  be  considered. 

§  214.— Fines  and  Penalties  to  be  Used  to  Pay  Officers — Any  fines 
or  penalties  provided  for  in  this  act  shall  be  for  the  use  of  the  public 
schools  of  the  city  in  which  such  child  resides.  Any  such  fine  or 
penalty  may  be  recovered  by  rule  or  in  any  way  in  which  a  court  of 
equity  may  enforce  its  orders  or  decrees. 


KENTUCKY  SCHOOL  LAWS  1914.  81 

§  215.— Appointment  of  Truant  Officers — Qualifications— Exami- 
nation of  Truant  Officers — Compensation — Chief  Truant  Officer 
May  be  Appointed— In  the  first  week  of  July  in  each  year  the  Board 
of  Education  in  each  city  of  the  first,  second,  third  and  fourth  classes 
shall  appoint  at  least  one  person  for  each  ten  thousand  (10,000) 
children  enrolled  in  the  school  census,  to  serve  as  truant  officers, 
whose  term  of  office  shall  'be  during  the  pleasure  of  the  board  ap- 
pointing him,  who  may  be  removed  at  any  time  by  said  board  for 
cause  and  whose  duties  shall  be  limited  to  the  city  where  the  ap- 
pointmnt  is  made.  If  in  any  such  city  there  shall  be  less  than  ten 
thousand  (10,000)  children  enrolled  in  the  school  census,  there  shall 
be  appointed,  as  above,  one  truant  officer.  Said  truant  officers  shall 
be  residents  of  the  city  in  which  they  are  appointed,  and  of  good 
moral  character.  They  must  be  able  to  read  and  write  with  ease. 
In  cities  of  the  first  class  such  truant  officers  shall  not  engage  in  any 
other  occupation  during  such  period  of  time  as  the  schools  are  in  ses- 
sion each  year.  Before  they  shall  be  eligible  for  appointment,  all  ap- 
plicants for  the  position  of  truant  officer  shall  be  examined  by  the 
superintendent  of  schools,  who  shall  certify  to  the  Board  of  Education 
only  such  persons  qualified  as  herein  provided.  Such  truant  officer 
shall  receive  from  the  tax  levy  for  school  purposes  of  such  cities  not 
less  than  one  ($1.00)  dollar,  nor  more  than  three  ($3.00)  dollars  per 
day  during  such  period  of  time  as  he  may  be  employed  by  the  school 
board.  In  cities  of  the  first  and  second  class,  the  Board  of  Education 
may  appoint  a  chief  truant  officer  in  addition  to  the  truant  officer  or 
officers  herein  provided  for  or  may  designate  one  of  the  truant  offi- 
cers as  provided  for,  as  chief  truant  officer,  and  shall  be  authorized 
to  pay  such  chief  truant  officer  a  salary  of  not  exceeding  twelve  hun- 
dred ($1,200)  dollars  per  year,  to  be  fixed  by  said  board.  It  shall  be 
the  duty  of  the  chief  truant  officer,  under  the  general  direction  of  the 
Superintendent  of  City  Schools,  to  supervise,  control,  and  direct  the 
work  of  all  truant  officers  appointed  in  such  city.  iSuch  chief  truant 
officer  shall  cause  to  be  made  and  fully  kept,  reports  from  all  truant 
officers,  principals  and  teachers  of  the  workings  of  this  act  and  shall 
be  directly  charged  with  the  duty  of  seeing  that  the  provisions  of  this 
act  are  complied  with. 

§  216. — Duties  of  Truant  Officers — Truant  officers  shall  examine 
into  any  case  of  truancy  within  the  city  or  district,  and  when,  from 
personal  knowledge,  or  by  report  or  complaint  from  any  resident  or 
teacher  of  the  city  or  district  it  appears  that  any  child,  subject  to 
the  provisions  of  this  act,  is  absent  from  school  without  lawful  ex- 
cuse, and  in  violation  of  the  provisions  of  this  act,  or  is  persistently 
truant  from  school,  the  truant  officer  shall  immediately  give  written 
notice  to  the  parents,  guardian  or  person  having  the  custody,  control 
or  supervision  of  such  child  that  the  attendance  of  such  child  is  re- 
quired, and  if  such  parent,  guardian  or  person  having  the  custody, 
control  or  supervision  of  such  child  does  not  comply  immediately  with 


82  COMPULSORY   ATTENDANCE   AND    TRUANCY. 

the  provisions  of  this  act,  then  such  truant  officer  shall  proceed 
against  such  child  as  a  delinquent  child,  and  against  such  parents, 
guardian  or  person  having  the  custody,  control  or  supervision  of  such 
child  for  violation  of  this  act  and  for  contributing  to  such  condition 
of  delinquency  in  such  child.  It  shall  be  the  duty  of  all  truant  officers 
to  report  all  violations  of  the  child  labor  law  of  which  they  have  any 
knowledge.  In  cities  having  a  chief  truant  officer  such  report  shall 
be  made  by  such  chief  truant  officer  and  in  cities  having  no  chief 
truant  officer  such  report  shall  be  made  by  truant  officers  to  the  Su- 
perintendent of  City  Schools.  All  such  violations  aforesaid  shall  be 
promptly  reported  by  the  Superintendent  of  Schools  or  chief  truant 
officer,  as  the  case  may  fee,  to  the  Labor  Inspector. 

§  217. — Jurisdiction — The  County  Court  of  the  respective  counties 
of  the  Commonwealth  shall  have  exclusive  jurisdiction  of  all  cases 
coming  within  the  terms  and  provisions  of  this  act. 

§  218. — School  Officers  to  Report — Truant  Officers  Under  Super- 
vision of  City  Superintendent— All  school  officers  and  teachers  are 
hereby  required  to  make  and  furnish  upon  demand,  any  report  that 
may  be  required  by  the  Superintendent  of  Public  Instruction,  or  by  the 
Superintendent  of  Public  Schools  of  cities  of  the  first,  second,  third 
and  fourth  classes,  with  reference  to  the  workings  of  this  act,  and 
all  truant  officers  appointed  under  this  act  shall  keep  a  full  record 
of  the  work  done  by  them,  in  books  to  be  furnished  them  for  that 
purpose  by  the  State  Superintendent  of  Public  Instruction.  The  Su- 
perintendent of  Public  Instruction  shall  make  and  publish  an  annual 
report  of  the  workings  of  this  act.  Such  truant  officers  shall  be  under 
the  direct  supervision  and  control  of  the  City  Superintendent  of 
Schools  and  shall  report  to  teachers,  principals  or  other  persons  as  di- 
rected by  him  and  each  City  Superintendent  of  Schools  shall  compile 
and  publish  an  annual  report  of  the  work  of  the  truant  officer  or  of- 
ficers under  this  act. 

§  219. — List  of  Children  of  School  Age  to  be  Furnished  Each 
Principal— During  the  month  of  August  in  each  year  the  Superin- 
tendent of  Public  Schools  of  cities  of  the  first,  second,  third  and 
fourth  classes  shall  furnish  or  cause  to  be  furnished  by  the  truant 
officer  or  officers  of  said  city  to  the  principal  of  each  school  in  their 
respective  cities  a  list  of  all  children  between  the  ages  of  seven  and 
sixteen  years  entitled  to  attend  said  school,  in  such  form  as  may 
be  adopted  by  such  Superintendent.  Said  list  shall  be  arranged  in 
such  form  as  such  iSuperintendent  may  prescribe,  shall  contain  the 
name  and  age  of  each  child,  the  name  and  address  of  such  child's 
parents,  guardian  or  person  having  the  custody,  control  or  super- 
vision, and  such  other  facts  as  may  be  required  by  the  Superintendent 
of  Public  Instruction,  or  Superintendent  of  Schools  of  the  city  of  the 
first,  second,  third  and  fourth  classes. 


KENTUCKY  SCHOOL  LAWS  1914.  83 

§  220. — Names  of  Absentees  to  be  Reported  to  Truant  Officers 
—Duty  of  Truant  Officers  to  Report  Names  of  Children  Not  At- 
tending— The  principal  of  each  school  in  cities  of  the  first,  second, 
third  and  fourth  classes  shall  report  each  day,  if  possible,  or  at  such 
times  as  he  may  be  directed  by  the  Superintendent  of  Schools  dur- 
ing such  period  of  time  as  the  schools  are  in  session  each  year  in 
the  respective  cities,  to  the  Superintendent  of  Public  Schools  in  the 
city  in  which  such  school  is  situated,  or  to  a  truant  officer,  if  so 
directed  by  the  Superintendent,  the  name  and  address  of  each  child 
who  has  been  absent  from  school  without  lawful  excuse,  or  who  is 
persistently  truant  from  school,  together  with  the  name  of  such  child's 
parent  or  parents,  guardian  or  persons  having  the  custody,  control 
or  supervision  of  such  child,  and  it  shall  be  the  duty  of  the  truant 
officer  to  whom  such  report  is  made,  immediately  upon  the  receipt 
of  same  to  make  or  cause  to  be  made  an  examination  into  the  cases 
of  absence  or  truancy  contained  in  such  reports  and  to  take  any 
and  all  needed  steps  as  provided  herein  under  the  statutes  of  this 
State,  to  compel  such  child  to  attend  school,  and  in  cities  where  a 
chief  truant  officer  has  been  designated  or  appointed  such  officer 
shall  file  a  written  report  once  each  month  with  the  City  Superin- 
tendent of  Schools  of  all  the  work  done  by  such  chief  truant  officer 
and  his  assistants  and  in  cities  where  no  chief  truant  officer  is  des- 
ignated each  truant  officer  appointed  shall  file  with  the  City  Super- 
intendent of  Schools  each  month  a  written  report  of  his  work  done 
in  the  discharge  of  his  duties  as  set  out  herein. 

§  221. — Parental  or  Truant  Schools — The  Board  of  Trustees,  Board 
of  Education,  School  Board  or  Board  of  Commissioners,  as  the  case 
may  be,  of  any  city  of  the  first  or  second  class,  are  hereby  authorized 
and  empowered  to  equip,  maintain  and  conduct  one  or  more  parental 
or  truant  schools  for  the  purpose  of  affording  a  place  where  children 
of  compulsory  school  age,  and  coming  within  the  provisions  of  this 
act,  and  of  the  statutes  of  this  State,  concerning  neglected,  dependent 
and  Delinquent  children,  may  be  detained  for  the  purpose  of  discipline 
and  instruction  hereinafter  provided. 

§  222. — Location  of  Schools — Such  school  or  schools  may  be  locat- 
ed either  within  or  without  the  corporate  limits  of  the  city;  provided, 
however,  that  such  school  or  schools  shall  not  be  located  outside  of 
the  county  in  which  such  city  is  located;  and  provided,  further,  that 
no  such  school  shall  be  located  at  or  near  any  penal  institution. 

§  223. — Religious  Instruction  and  Attendance  Upon  Religious 
Service — No  religious  instruction  shall  be  given  in  such  school  or 
schools  except  as  is  allowed  by  law  to  be  given  in  public  schools,  but 
the  Board  of  Trustees,  Board  of  Education,  School  Board  or  School 
Commissioners,  as  the  case  may  be,  shall  make  suitable  regulations 
BO-  that  inmates  shall  receive  religious  training  in  accordance  with  the 


84  COMPULSORY  ATTENDANCE   AND   TRUANCY. 

belief  of  such  children's  parents  or  guardian,  either  fay  allowing  such 
religious  services  to  be  held  in  such  institution  or  by  arranging  for 
the  attendance  of  public  service  elsewliere. 

§  224.— Child  Committed  to  School  May  be  Returned  Home  on 
Probation— Any  child  committed  to  such  school,  or  schools,  upon 
an  order  duly  entered  by  the  County  Court,  may  be  allowed  to  re- 
turn home  upon  probation  and  to  remain  while  upon  probation,  sub- 
ject to  the  friendly  visitation  and  supervision  of  a  probation  officer  of 
said  County  Court,  and  subject  at  any  time  to  be  returned  to  such 
school  if  said  child,  in  the  opinion  of  the  County  Court,  shall  violate 
the  terms  and  conditions  of  its  probation.  No  child  shall  be  released 
upon  probation  in  less  than  four  weeks  from  the  time  of  his  or  her 
commitment,  nor  thereafter,  unless  the  court  shall  be  satisfied  the 
said  child,  who  is  probationed,  will  attend  regularly  some  public  or 
private  school  as  herein  provided.  If  any  child  so  released  upon  pro- 
bation shall  be  regular  in  his  or  her  attendance  in  school,  and  his  or 
her  conduct  as  a  pupil  shall  be  satisfactory  for  a  period  of  one  year 
from  the  date  upon  which  he  or  she  was  released  upon  probation,  ho 
or  she  shall  be  finally  discharged  from  such  parental  or  truant 
school,  and  shall  not  be  recommitted  thereto,  except  in  a  subsequent 
proceeding  undertaken  according  to  the  provisions  of  this  act,  and  to 
the  statutes  of  this  State,  concerning  neglected,  dependent  and  delin- 
quent children. 

§  225. — Penalty  For  Violation  of  Conditions  of  Probation— Any 
child  released  from  said  school  or  schools  upon  probation  as  herein 
provided,  who  shall  •  violate  the  conditions  of  his  or  her  probation 
any  time  within  one  year  thereafter,  shall,  upon  the  order  of  the 
County  Court,  be  returned  to  such  parental  or  truant  school,  and  shall 
not  again  be  released  upon  probation  within  a  period  of  three  months 
from  the  date  of  such  re-entering;  and  if  such  child  shall  violate  the 
conditions  of  a  second  release  upon  probation  he  or  she  shall  be  re- 
committed to  such  school  and  shall  not  be  released  therefrom  on  pro- 
bation until  he  or  'she  shall  have  remained  in  such  school  one  year. 

§  226.— Rules  and  Regulations — The  Board  of  Trustees,  Boajd  of 
Education,  School  Board,  or  School  Commissioners,  as  the  case  may 
be,  of  cities  of  the  first  or  second  class,  may  establish  any  rules 
or  regulations  concerning  such  schools  not  inconsistent  with  this  act 
or  the  Constitution  or  laws  of  this  State. 


KENTUCKY  SCHOOL  LAWS  1914.  85 

CHAPTER  XVII. 

THE   CHILD   LABOR    LAW 

(Act  of  1914) 

§  227. — Age  of  Children  When  Employed — No  child  under  four- 
teen years  of  age  shall  be  employed,  permitted  or  suffered  to  work  in 
or  in  connection  with  any  factory,  mill,  workshop,  mercantile  estab- 
lishment, store,  office,  printing  establishment,  bakery,  laundry,  res- 
taurant, hotel,  apartment  house,  theatre,  motion  picture  establishment, 
or  in  the  distribution  or  transmission  of  merchandise  or  messages. 
It  shall  be  unlawful  for  any  person,  firm,  or  corporation  to  employ 
any  child  under  fourteen  years  of  age  in  any  business  or  service 
whatever  during  any  part  of  the  term  during  which  the  public  schools 
of  the  district  in  which  the  child  resides  are  in  session.  Nor  shall 
any  child  under  fourteen  years  of  age  be  permitted  to  perform  in  or 
appear  upon  the  stage  of  any  theatre,  motion  picture  establishment 
or  other  place  of  public  amusement,  whether  for  pay  or  not. 

§  228. — Places  of  EmploymenWAge — Duty  of  Labor  Inspector — 
No  child  between  fourteen  and  sixteen  years  of  age  shall  be  employed, 
permitted  or  suffered  to  work  in  or  in  connection  with  any  factory, 
mill,  workshop,  mercantile  establishment,  store,  office,  printing  es- 
tablishment, bakery,  laundry,  restaurant,  hotel,  apartment  house,  the- 
atre, motion  picture  establishment,  or  in  the  distribution  or  transmis- 
sion of  merchandise  or  messages,  unless  the  person,  firm  or  corpora- 
tion employing  him  procures  from  the  local  school  authorities  and 
keeps  on  file  and  accessible  to  the  truant  officers  and  to  the  Labor 
Inspectors,  an  employment  certificate  as  hereinafter  prescribed,  and 
keeps  two  complete  lists  of  all  such  children  employed  therein,  one 
on  file  and  one  conspicuously  posted  near  the  principal  entrance  of 
the  building  in  which  such  children  are  employed.  On  termination 
of  the  employment  of  a  child  so  registered,  and  whose  certificate  is 
so  filed,  such  certificate  shall  be  returned  by  the  employer  to  the  offi- 
cer by  whom  it  was  issued,  within  two  days  of  the  termination  of  the 
employment  of  such  child.  A  Labor  Inspector  may  make  demand  on 
an  employer  in  whose  establishment  a  child  apparently  under  the  age 
of  sixteen  years  is  employerd  or  permitted  or  suffered  to  work  and 
whose  employment  certificate  is  not  then  filed  as  required  by  this  Act, 
that  such  employer  shall  either  furnish  him,  within  ten  days,  evidence 
satisfactory  to  him  that  such  child  is  in  fact  sixteen  years  of  age  or 
over,  or  shall  cease  to  employ,  or  permit,  or  suffer  such  child  to  work 
therein.  A  Labor  Inspector  may  require  from  such  employer  the  same 
evidence  of  age  of  such  child  as  is  required  for  the  issuance  of  an 
employment  certificate,  and  the  employer  furnishing  such  evidence 
shall  not  be  required  to  furnish  any  further  evidence  of  the  age  of 
the  child.  In  case  such  employer  shall  fail  to  produce  and  deliver 


86  THE  CHILD  LABOR  LAW. 

to  the  Labor  Inspector,  within  ten  days  after  such  demand,  such  evi- 
dence of  the  age  therein  required  of  him,  and  thereafter  continue  to 
employ  such  child,  or  permit  or  suffer  such  child  to  work  in  such  es- 
tablishment, proof  of  the  giving  of  such  notice  and  of  such  failure 
to  produce  and  file  such  evidence  shall  toe  prima  facie  evidence  in  any 
prosecution  brought  for  violation  of  the  provision  that  such  child  is 
under  sixteen  years  of  age  and  is  unlawfully  employed. 

§  229. — Employment  Certificates  to  be  Issued  by  Superintendent 
of  Schools — Employment  certificates  shall  be  issued  only  by  the 
Superintendent  of  Schools  or  by  a  person  authoried  by  him  in  writ- 
ing, acting  in  his  name.  Where  there  is  no  local  (Superintendent  of 
Schools  they  shall  be  issued  by  the  County  Superintendent  of  Schools, 
or  by  a  person  so  authorized  by  him. 

§  230. — Conditions  of  Employment — Evidence  of  Child's  Age — The 
person  authorized  to  issue  employment  certificates  shall  not  issue  such 
certificate  until  the  child  in  question,  accompanied  by  its  parent  or 
guardian,  has  personally  made  application  to  him  therefor  and  until 
he  has  received,  examined,  approved  and  filed  the  following  papers 
duly  executed:  (1)  The  school  record  of  such  child  properly  filled  out 
and  signed  as  provided  hereinbelow.  (2)  A  duly  attested  transcript 
of  the  birth  certificate  filed  according  to  law  with  any  officer  charged 
with  the  duty  of  recording  births;  or  a  passport,  or  a  duly  attested 
transcript  of  a  certificate  of  baptism  showing  the  date  of  birth  and 
place  of  baptism  of  such  child;  or,  in  case  the  officer  authorized  to 
issue  the  certificate  is  satisfied  that  none  of  such  proofs  of  age  can 
be  produced,  other  evidence  of  age,  such  as  a  duly  attested  school 
census,  or  school  enrollment  record,  or  affidavit  of  the  parent,  guard- 
ian, or  custodian  of  such  child,  such  as  shall  convince  such  officer 
that  the  child  is  fourteen  years  of  age  or  upwards.  (3)  The  written 
statement  of  the  person,  firm  or  corporation  in  whose  service  the 
child  is  about  to  enter,  that  he  intends  to  employ  the  child,  which 
statement  shall  give  the  nature  of  the  occupation  for  which  the  child 
is  to  be  employed.  (4)  A  certificate  signed  by  a  physician  appointed 
by  the  school  board,  or  other  public  medical  officer,  stating  that  such 
child  has  been  examined  by  him,  and,  in  his  opinion,  has  reached  the 
normal  development  of  a  child  of  its  age  and  is  in  sufficiently  sound 
health  and  physically  able  to  be  employed  in  the  work  which  it  in- 
tends to  do.  The  Superintendent  of  Schools  in  any  city,  town,  county 
or  district,  wherever  there  is  one,  and  where  there  is  none,  then 
the  County  Superintendent,  shall,  between  the  first  and  tenth  days  of 
each  month,  transmit  to  the  office  of  the  Labor  Inspector  a  report, 
which  report  shall  give  (1)  the  name  of  each  child  to  whom  a  certifi- 
cate has  been  issued  in  the  preceding  month,  together  with  the  name 
and  address  of  the  establishment  where  such  child  was  to  be  em- 
ployed; and  (2)  the  name  of  each  child  to  whom  a  certificate  has  been 
denied  in  the  preceding  month,  together  with  the  ground  of  such 
denial.  A  refusal  or  failure  to  transmit  such  report  by  any  person 


KENTUCKY  SCHOOL  LAWS  1914.  87 

charged  under  this  section  with  the  duty  of  transmitting  same  to  the 
Labor  Inspector  shall  constitute  a  misdemeanor,  punishable  by  a  fine 
of  not  more  than  twenty-five  dollars  nor  less  than  five  dollars,  to  be 
disposed  of  as  provided  in  the  section  of  this  Act  numbered  16. 

§  231. — School  Record — What  It  Shall  Contain — The  school  record 
herein  required  shall  be  signed  by  the  principal  or  chief  teacher  of 
the  school  which  such  child  has  last  attended  and  shall  be  furnished 
on  demand,  to  a  child  who,  after  due  examination  and  investigation, 
is  found  to  be  entitled  thereto.  It  shall  contain  a  statement  certify- 
ing that  the  child  has  regularly  attended  a  public  school  or  school 
equivalent  thereto  or  parochial  school  for  not  less  than  one  hundred 
days,  either  during  the  twelve  months  previous  to  arriving  at  the  age 
of  fourteen  years  or  during  the  twelve  months  previous  to  applying 
for  such  school  record,  and  is  able  to  read  intelligently  and  write 
legibly  simple  sentences  in  the  English  language,  and  has  completed 
satisfactorily  a  course  of  study  equivalent  to  the  first  five  yearly 
grades  in  reading,  spelling,  writing,  English  language  and  geography, 
as  established  in  the  graded  schools  of  this  Commonwealth,  and  is  fa- 
miliar with  the  fundamental  operations  of  arithmetic  up  to  and  in- 
cluding common  fractions.  Such  school  record  shall  also  give  the 
name,  date  of  birth  and  residence  of  the  child  as  shown  by  the  records 
of  the  school  and  the  name  of  its  parent,  guardian  or  custodian:  Pro- 
vided, however,  that  upon  the  filing  with  the  person  authorized  to 
issue  employment  certificates  of  the  affidavit  of  the  applicant  or  of 
his  or  her  parent,  guardian  or  custodian  showing  that  diligent  effort 
has  been  made  to  obtain  the  school  record  hereby  required,  and  that 
it  cannot  be  obtained,  then  the  person  authorized  to  issue  the  certifi- 
cate may  issue  such  a  certificate  without  having  received  such  school 
record,  if  the  other  requirements  for  such  certificate  have  been  ful- 
filled, but  it  shall  be  his  duty  in  such  case  to  examine  the  applicant 
as  to  his  or  her  proficiency  in  each  of  the  studies  mentioned  in  this 
section,  and  he  shall  issue  such  certificate  only  after  such  applicant 
has  shown  that  he  or  she  has  acquired  a  knowledge  of  said  studies 
equivalent  to  that  imparted  by  a  course  therein  covering  the  first  five 
yearly  school  grades;  in  such  case  the  employment  certificate  shall 
show  that  such  examination  was  had  in  lieu  of  the  filing  of  the-  school 
report.  If  the  principal  of  any  reputable  school,  other  than  a  public 
school,  certify  that  a  pupil  has  regularly  attended  his  or  her  school  as 
required  herein  and  has  satisfactorily  completed  a  course  of  study 
equivalent  to  the  first  five  yearly  grades  in  the  public  school,  said 
pupil  shall  be  treated  in  all  respects  as  if  a  pupil  of  the  public 
school. 

§  232. — Certificate  to  be  Furnished  by  Superintendent  of  Public 
Instruction — The  printed  form  of  the  certificate  and  other  papers  re- 
quired in  the  issuing  of  employment  certificates  shall  be  drafted  by  the 
State  Superintendent  of  Public  Instruction  and  furnished  by  him  to 
the  local  and  County  Superintendents  of  Schools. 


88  THE  CHILD  LABOR  LAW. 

§  233. — Employment — Limit  of  Time — No  person  under  the  age  of 
sixteen  years  shall  be  employed  or  suffered  or  permitted  to  work  in, 
about  or  in  connection  with  any  factory,  mill,  workshop,  mercantile 
establishment,  store,  office,  printing  establishment,  bakery,  laundry, 
restaurant,  hotel,  apartment  house,  theatre,  motion  picture  establish- 
ment, or  in  the  distribution  or  transmission  of  merchandise  or  mes- 
sages, for  more  than  six  days  in  any  one  week,  nor  more  than  forty- 
eight  hours  hi  any  one  week,  nor  more  than  eight  hours  in  any  one 
day;  nor  before  the  hour  of  seven  o'clock  in  the  morning  nor  after 
the  hour  of  six  o'clock  in  the  evening  of  any  day;  the  "presence  of 
such  child  in  any  such  establishment  during  working  hours  shall  be 
prima  facie  evidence  of  its  employment  therein.  Every  employer  shall 
post  in  a  conspicuous  place  in  every  room  where  such  minors  are 
employed  a  printed  notice  stating  the  hours  required  of  them  each  day 
of  the  week,  the  hours  of  commencing  and  stopping  work,  and  the 
hours  when  the  time  or  times  allowed  for  dinner  or  for  other  meals 
begin  and  end. 

The  printed  form  of  such  notice  shall  be  furnished  by  the  State 
Labor  Inspector,  and  the  employment  of  any  such  minor  for  longer 
time  in  any  day  than  so  stated  shall  be  deemed  a  violation  of  this 
section. 

§  234.— Truant  Officer — Powers  and  Duties — The  truant  officers 
may  visit  mines,  factories,  mills,  workshops,  mercantile  establish- 
ments, stores,  offices,  printing  establishments,  bakeries,  laundries, 
restaurants,  hotels,  apartment  houses,  theatres  and  motion  picture 
establishments,  in  their  several  towns  and  cities  and  ascertain 
whether  any  minors  are  employed  therein  contrary  to  the  provisions 
of  this  Act,  and  they  shall  report  any  cases  of  such  illegal  employ- 
ment to  the  Superintendent  of  Schools  and  to  the  Labor  Inspector,  or 
other  authorized  officer  of  the  State.  Labor  Inspectors  and  truant  offi- 
cers may  require  that  the  employment  certificates  and  lists,  provided 
for  in  this  Act,  of  minors  employed  in  such  establishments  shall  be 
produced  for  their  inspection.  Complaints  for  offenses  under  this 
Act,  except  as  to  the  employment  of  children  in  mines,  shall  be 
brought  by  the  Labor  Inspector.  The  provisions  of  this  Act  with  re- 
gard to  the  employment  of  children  in  mines  shall  be  enforced  by  the 
State  Inspector  of  Mines  and  his  assistants,  who  shall  bring  all  com- 
plaints for  violation  of  the  same. 

§  235.— Certain  Employments  Not  to  be  Engaged  in  by  Children- 
No  child  under  the  age  of  sixteen  years  shall  be  employed,  permitted 
or  suffered  (1)  to  sew  or  to  assist  in  sewing  belts  in  any  capacity 
whatever;  (2)  nor  to  adjust  any  belt  to  any  machinery;  (3)  nor  to 
oil,  wipe  or  clean  machinery;  (4)  nor  to  operate  or  to  assist  in  oper- 
ating any  of  the  following  named  machines:  (a)  circular  or  band 
saws;  (b)  wood  shapers;  (c)  wood  joiners;  (d)  planers;  (e)  sand- 
paper or  wood  polishing  machinery;  (f)  emery  or  polishing  wheels 
used  for  polishing  sheet  metals;  (g)  wood  turning  or  boring  mach- 


KENTUCKY  SCHOOL  LAWS  1914.  89 

inery;  (h)  picker  machines  or  machines  used  in  picking  wool,  cotton, 
hair  or  other  materials;  (i)  carding  machines;  (j)  paper-lace  mach- 
ines; (k)  leather  burnishing  machines;  (1)  job  or  cylinder  printing 
presses  operated  by  other  power  than  foot  power;  (m)  boring  or  drill 
presses;  '(n)  stamping  machines  used  in  sheet  metal  and  tinware  or 
in  paper  and  leather  manufacturing,  or  in  washer  and  nut  factories; 
(o)  metal  or  paper  cutting  machines;  (p)  corner  staying  machines  in 
paper  box  factories;  (q)  corrugating  rolls  such  as  are  used  in  corru- 
gated paper,  roofiing  or  wash-board  factories;  (r)  steam  boiler,  steam 
machinery  or  other  steam  generating  apparatus;  (s)  dough  brakes 
or  cracker  machinery  of  any  description;  (u)  rolling  mill  machinery; 
(v)  power  punches  or  shears;  (w)  washing,  grinding  or  mixing  mach- 
inery; (x)  calendar  rolls  in  paper  and  rubber  manufacturing;  or  (y) 
laundering  machinery;  (5)  nor  work  in  proximity  to  any  hazardous 
or  unguarded  belts,  machinery  or  gearing;  (6)  nor  to  work  upon  any 
railroad  whether  steam,  electric  or  hydraulic;  (7)  nor  to  operate  or 
assist  in  operating  any  passenger  or  freight  elevator;  (8)  nor  to  work 
in  any  capacity  in  processes  in  which  dangerous  or  poisonous  acids 
are  used;  (9)  nor  to  work  in  any  capacity  in  the  manufacture  or  pack- 
ing of  paints,  colors  or  white  or  red  lead;  (10)  nor  to  work  at  sol- 
dering; (11)  nor  to  work  in  occupations  causing  dust  in  injurious 
quantities;  (12)  nor  to  work  in  the  manufacture  or  use  of  dangerous 
or  poisonous  dyes;  (13)  nor  to  work  in  the  manufacture  or  prepara- 
tion of  compositions  with  dangerous  or  poisonous  gases;  (14)  nor  to 
work  in  the  manufacture  or  use  of  compositions  of  lye  in  which  the 
quantity  thereof  is  injurious  to  health;  (15)  nor  to  work  in  any  tun- 
nel or  excavation;  (16)  nor  to  work  on  scaffolding;  (17)  nor  to  work 
in  any  capacity  in,  about,  or  in  connection  with  any  mine,  coke  oven 
or  quarry;  (18)  nor  to  work  in  assorting,  manufacturing  or  packing 
tobacco;  (19)  nor  to  operate  any  automobile,  motor  car  or  truck;  (20) 
nor  to  work  in  any  bowling  alley;  (21)  nor  to  work  in  any  pool  or 
billiard  room;  (22)  nor  to  work  in  any  distillery,  brewery,  or  other 
establishment  where  malt  or  alcoholic  liquors  are  manufactured, 
packed,  wrapped  or  bottled;  (23)  nor  to  work  in  any  hotel,  theatre, 
concert  hall,  club,  place  of  amusement,  or  any  other  establishment 
where  intoxicating  liquors  are  sold;  (24)  nor  to  work  in  any  other  oc- 
cupation dangerous  to  the  life  or  limb  or  injurious  to  the  health  or 
morals  of  such  child,  and  as  to  these  matters  the  decision  of  the 
county  physician  or  city  health  officer,  as  the  case  may  be,  shall  be 
final: 

Provided,  however,  that  nothing  in  this  Act  shall  prevent  the  use 
of  suitable  machinery  for  purposes  of  instruction  in  schools  where  the 
mechanical  arts  are  taught  in  connection  with  and  as  part  of  the 
usual  school  curriculum:  But  the  use  of  such  machinery  in  any  school, 
whether  public  or  private,  shall  be  subject  to  the  approval  of  the 
Board  of  Education  or  other  governing  school  authority  of  the  city 


90  THE  CHILD  LABOR  LAW. 

or  district  wherein  such  school  is  situated,  and  shall  be  subject  to  the 
provisions  of  this  Act  as  to  supplying  safeguards  for  the  protection 
of  those  using  such  machinery. 

§  236. — Dangerous  Machinery  to  be  Guarded— It  shall  be  the  duty 
of  the  owner  of  any  manufacturing  establishment  where  any  person 
under  twenty-one  years  of  age  is  employed,  his  agents,  superintend- 
ents or  other  persons  in  charge  of  same,  to  furnish  and  supply,  when 
practicable,  or  cause  to  be  furnished  and  supplied  to  him,  belt  shift- 
ers or  other  safe  mechanical  contrivance  for  th£  purpose  of  throwing 
belts  on  or  off  pulleys;  and,  whenever  practicable,  machinery  therein 
shall  be  provided  with  loose  belts.  All  vats,  pans,  saws,  planes,  cogs, 
gearings,  belting,  set  screws  and  machinery  of  every  description 
which  is  palpably  dangerous,  shall  be  properly  guarded  and  no  person 
shall  remove  or  make  ineffective  any  safeguard  around  or  attached 
to  any  such  appliances  or  machinery,  while  the  same  is  in  use,  un- 
less for  the  purpose  of  immediately  making  repairs  thereto,  and  all 
such  safeguards  shall  be  promptly  replaced.  No  person  under  eighteen 
years  of  age  shall  be  allowed  to  clean  machinery  while  it  is  in  motion. 

§  237. — Messengers  Not  to  be  Employed  in  Cities — In  cities  of  the 
first,  second  or  third  class,  no  person  under  the  age  of  twenty-one 
years  shall  be  employed,  permitted  or  sufiered  to  work  as  a  mes- 
senger for  any  telegraph  telephone  or  messenger  company  in  the  dis- 
tribution, transmission  or  delivery  of  goods  or  messages  before  six 
o'clock  in  the  morning  or  after  nine  o'clock  in  the  evening  of  any 
day. 

§  238. — Female  Employes  Not  to  Remain  Standing — No  female 
under  twenty-one  years  of  age  shall  be  employed,  permitted  or  suffered 
to  work  in  any  capacity  in  this  Commonwealth,  where  such  work  com- 
pels her  to  remain  standing  constantly. 

§  239.— Walls  of  Factories  to  be  Painted  White— The  walls  and 
ceiling  of  each  room  in  every  manufacturing  establishment  where 
minors  are  employed  shall  be  lime  washed  or  painted,  when,  in  the 
opinion  of  the  Labor  Inspector,  it  shall  be  conducive  to  the  health  or 
cleanliness  of  the  persons  working  therein. 

§  240. — Copies  of  Act  to  be  Posted — A  copy  of  this  Act  shall  be  con- 
spicuously posted  and  kept  in  each  workroom  of  every  mill,  mine, 
workshop,  theatre,  bowling  alley,  laundry  or  public  messenger  com- 
pany, and  manufacturing,  mercantile  or  printing  establishment  in  this 
Commonwealth. 

§  241. — Certificates  and  Badges  Issued  to  Children — No  boy  under 
fourteen  years  of  age,  nor  girl  under  eighteen  years  of  age  shall  be 
employed,  permitted  or  suffered  to  ~work  at  any  time  in  any  city  of 
the  first,  second  or  third  class  in  or  in  connection  with  the  street 
occupations  of  peddling,  boot-blacking,  the  distribution  or  sale  of 
newspapers,  magazines,  periodicals  or  circulars,  nor  in  any  other  oc- 
cupation pursued  in  any  street  or  public  place.  No  boy  between  four- 
teen and  sixteen  years  of  age  shall  be  employed,  permitted  or  suffered 


KENTUCKY  SCHOOL  LAWS  1914.  91 

to  work  in  any  city  of  the  first,  second  or  third  class  in  or  in  connec- 
tion with  the  street  occupations  of  peddling,  boot-blacking,  the  dis- 
tribution or  sale  of  magazines,  periodicals  or  circulars,  nor  in  any 
other  occupation  pursued  in  any  street  or  public  place  except  upon 
the  following  conditions: 

(A)  Boys  between  fourteen  and  sixteen  years  of  age  shall,  upon 
application  to  the  school  authorities,  as  in  the  case  of  an  employ- 
ment certificate,  and  upon  compliance  with  all  of  the  requirements 
for  the  issuance  of  an  employment  certificate,  be  entitled  to  receive 
from  the  officer  authorized  to  issue  employment  certificates  a  badge, 
which  shall  authorize  the  recipient  to  engage  in  the  trades  or  occu- 
pations above  mentioned  between  the  hours  of  six  o'clock  A.  M.  and 
eight  P.  M.  of  each  day,  but  at  no  other  time.     Such  badge  shall  be 
displayed  conspicuously  by  the  recipient  while  so  engaged  and  shall 
be  renewed  annually  on  the  first  day  of  January.     The  color  of  all 
such  badges  issued  in  the  same  calendar  year  shall  be  the  same  and 
said  color  shall  be  changed  each  year  upon  renewal. 

(B)  Boys  between  fourteen  and  sixteen  years  of  age  who  comply 
with  all  of  the  requirements  for  the  issuance  of  an  employment  certi- 
ficate  except  the   educational   requirement    (that   is,   the   filing   of   a 
school  record  or  the  passing  of  an  examination  in  lieu  thereof)  shall 
be  entitled  to  receive  from  the  officer  authorized  to  issue  employment 
certificates  a  badge  which  shall  authorize  the  recipient  to  engage  in 
the  above  mentioned  trades  or  occupations  at  such  time  or  times  be- 
tween six  A.  M.  and  eight  P.  M.  in  each  day  as  the  public  schools  of 
the  city  or  district  where  such  boy  resides  are  not  in  session,  but  at 
no  other  time.    All  such  badges  issued  in  the  same  calendar  year  shall 
be  of  the  same  color;  but  in  either  form,  design,  or  color  shall  be  so 
different  from  the  badges  issued  to  boys  who  comply  with  the  educa- 
tional requirements  above  mentioned  as  to  be  readily  distinguishable 
therefrom.     Such  badges  shall  be  renewed  annually  upon  the  first  of 
January,  and  their  color  shall  be  changed  each  year  upon  renewal. 

Any  child  who  shall  engage  in  any  such  street  occupation  in  vio- 
lation of  any  of  the  provisions  of  this  section  shall  be  deemed  delin- 
quent and  shall  be  brought  before  any  court  or  magistrate  having 
jurisdiction  over  juvenile  delinquents,  and  shall  be  dealt  with  accord- 
ing to  law.  The  Labor  Inspectors,  Truant  Officers,  Police  Officers, 
and  Juvenile  Court  Probation  Officers  shall  enforce  the  provisions  of 
this  section.  Whoever  furnishes  or  sells  to  any  minor  any  article  of 
any  description  with  the  knowledge  that  said  minor  intends  to  sell 
said  article  in  violation  of  the  provisions  of  this  section,  or  who  shall 
continue  to  furnish  or  sell  articles  of  any  description  to  a  minor  after 
having  received  written  notice  from  any  officer  charged  with  the  en- 
forcement of  this  section,  or  from  the  officer  issuing  the  badge  re- 
quired as  aforesaid,  that  said  minor  is  unlicensed  to  sell  such  article, 
shall  be  punished  by  a  fine  of  not  less  than  fifteen  dollars  nor  more 
than  one  hundred  dollars  for  each  offense. 


92  THE  CHILD  LABOR  LAW. 

§  242. — Penalty  For  Violation  of  This  Act — Whoever  employs  or 
suffers  or  permits  a  child  under  sixteen  years  of  age  to  work,  and 
any  parent,  guardian  or  any  adult  person  under  whose  care  or  control 
a  child  under  such  age  is,  who  sufiers  or  permits  such  child  to  work, 
in  violation  of  any  of  the  provisions  of  this  Act,  shall  be  punished  for 
the  first  offense  by  a  fine  of  not  less  than  fifteen  dollars  nor  more 
than  fifty  dollars;  for  a  second  offense  by  a  fine  of  not  less  than  fif- 
teen dollars  nor  more  than  one  hundred  dollars,  or  by  imprisonment 
for  not  more  than  thirty  days,  or  by  both  such  fine  and  imprisonment; 
for  a  third  or  any  subsequent  offense  by  a  fine  of  not  less  than  two 
hundred  dollars,  or  by  imprisonment  for  not  less  than  thirty  days,  or 
by  both  such  fine  and  imprisonment.  Whoever  continues  to  employ 
any  child  in  violation  of  any  of  the  provisions  of  this  Act  after  hav- 
ing been  notified  thereof  in  writing  by  a  truant  officer,  a  Labor  Inspec- 
tor or  other  authorized  officer  shall  for  every  day  thereafter  that  such 
employment  continues,  be  fined  not  less  than  five  nor  more  than 
twenty  dollars.  A  failure  to  produce  to  a  truant  officer  or  Labor  In- 
spector any  employment  certificate  or  list  required  by  this  Act  shall 
be  prima  facie  evidence  of  the  illegal  employment  of  any  person 
whose  employment  certificate  is  not  produced,  or  whose  name  is  not 
so  listed.  Any  corporation  or  employer  retaining  employment  certifi- 
cates in  violation  of  section  numbered  2  of  this  Act  shall  be  fined  ten 
dollars.  Every  person  authorized  to  sign  the  certificates  prescribed 
by  the  sections  of  this  Act  numbered  2,  3,  and  4,  who  knowingly 
certified  to  any  false  statement  therein,  shall  be  fined  not  more  "than 
fifty  dollars  nor  less  than  ten  dollars. 

Any  person,  firm  or  corporation  who  hinders  or  delays  any  labor 
inspector,  truant  officer  or  any  other  officer  charged  with  the  enforce- 
ment of  any  of  the  provisions  of  this  Act,  in  the  performance  of  his 
or  her  duties,  shall  be  punished  by  a  fine  of  not  less  than  fifteen  nor 
more  than  one  hundred  dollars.  Every  fine  imposed  under  this  law 
shall  inure  to  the  benefit  of  the  public  schools  in  the  city,  county, 
town  or  district  in  which  the  violation  may  have  occurred;  and  the 
court  imposing  such  fine  shall  promptly  cause  same  to  be  paid  over  to 
the  proper  school  authorities  entitled  to  receive  other  moneys  ac- 
cruing to  said  schools. 

§  243. — Outstanding  Certificates  Valid — Employment  certificates 
issued  and  outstanding  at  the  time  this  Act  goes  into  effect  shall  con- 
tinue to  be  valid  and  effective  as  to  all  employments  not  absolutely 
prohibited  by  this  Act  to  children  between  fourteen  and  sixteen 
years  of  age. 

§  244. — Repealing  Clause — All  laws  inconsistent  herewith  are 
hereby  repealed. 

§  245. — Act  Adopted  Section  by  Section — If  any  section  of  this 
bill  shall  be  held  to  be  unconstitutional  in  whole  or  in  part,  the  fact 


KENTUCKY  SCHOOL  LAWS  1914.  93 

shall  not  affect  any  other  section  of  the  Act,  it  being  the  intention  of 
the  General  Assembly  in  enacting  this  bill  to  enact  each  section  sepa- 
rately. 


CHAPTER  XVIII. 
PUBLIC    SCHOOLS    IN    CITIES    OF   THE   FIRST    CLASS. 

§  247. — Board  of  Education  Election— Every  city  in  this  State  of 
the  first  class  shall  be  and  constitute  a  single  school  district,  and  the 
supervision  and  government  of  common  schools,  kindergarten,  high 
schools,  manual  training  schools  and  normal  schools  and  all  such 
school  property  therein  shall  be  vested  in  a  board  of  five  members 

to  be  known  as  the  "Board  of  Education  of  , 

Kentucky,"  (in  which  title  the  name  of  such  city  shall  be  inserted). 
Such  Board  of  Education  shall  be  a  body  corporate  and  shall,  by  and 
in  said  name,  sue  and  be  sued,  purchase,  receive,  hold  and  sell  prop- 
erty, do  all  things  necessary  to  accomplish  the  purpose  for  which  such 
school  district  is  organized,  and  succeed  to  all  the  property  rights 
and  privileges  granted  to  and  belonging  to  any  previous  School 
Board  of  such  city:  Provided,  that  all  pending  suits  in  which  any 
such  previous  School  Board  is  a  party,  may  be  prosecuted  to  an  end 
in  the  name  of  such  party. 

§  248. — Powers  and  Duties — Every  such  Board  of  Education  shall 
have  exclusive  control  of  the  common  schools,  including  kindergar- 
tens, high  schools,  manual  training  schools  and  normal  schools  as 
hereinafter  provided,  and  of  common  school  property  in  such  city; 
shall  exercise  generally  all  the  powers  in  the  administration  of  the 
common  school  system  therein,  appoint  such  officers,  agents  and  em- 
ployes as  it  may  deem  necessary  and  proper  and  fix  their  compen- 
sation; and  shall  have  power  to  fix  the  time  of  its  meetings,  to 
make,  amend  and  repeal  rules  and  by-laws  for  its  meetings  and  pro- 
ceedings, for  the  government,  regulation  and  management  of  the 
common  schools  and  school  property  in  such  city,  for  the  transaction 
of  its  business,  and  for  the  examination,  qualification  and  employ- 
ment of  teachers,  which  rules  and  by-laws  shall  be  binding  on  such 
Board  of  Education  and  all  parties  dealing  with  it  until  formally  re- 
pealed by  an  affirmative  vote  of  four  members  of  said  board.  To 
provide  for  special  and  standing  committees,  and  to  certify  to  the 
General  Council  the  amount  of  money  necessary  for  the  maintenance 
and  improvement  of  the  schools  as  hereinafter  provided,  and  to  pur- 
chase and  hold  all  property,  real  and  personal,  necessary  for  the 
purposes  of  public  education,  to  build  and  construct  improvements 
for  such  purposes,  and  to  hold  or  sell  the  same. 

§  249.— Real  Estate— Power  to  Purchase  or  Condemn — It  shall  also 
have  power,  when  unable  to  contract  with  the  owner  of  any  real 
estate  necessary  to  the  proper  accomplishment  of  the  purpose  for 


94  PUBLIC  SCHOOLS  IN  CITIES  OF  FIRST  CLASS. 

which  said  board  is  created,  to  institute  condemnation  proceedings 
in  accordance  with  the  law  governing  railroad  corporations  incor- 
porated under  the  laws  of  this  Commonwealth;  and  to  have  in  such 
proceedings  the  same  rights,  powers,  privileges  and  restrictions  as 
are  now  granted  to  or  conferred  upon  such  railroad  corporations. 
Such  Board  of  Education  shall  have  all  the  powers  of  other  school 
districts  under  the  laws  of  this  State,  except  as  herein  provided. 

§  250. — Eligibility  of  Members  of  Board — No  person  shall  be  eli- 
gible to  the  office  of  member  of  the  Board  of  Education  who  has  not 
attained  the  age  of  thirty  years  and  one  who  is  not  a  housekeeper  or 
is  not  the  owner  of  real  estate  in  said  city,  and  who  is  not  a  citizen 
of  and  a  bona  fide  resident  of  this  Commonwealth  and  of  the  city  for 
which  he  is  elected  for  three  years  next  preceding  the  election;  or 
who  holds  or  discharges  any  office,  deputyship  or  agency  under  the 
city,  or  any  district  or  county,  or  under  the  State  of  Kentucky,  or  any 
department  thereof,  or  under  the  United  States  or  any  foreign  gov- 
ernment, except  that  of  notary  public  or  militia  officer  of  Kentucky. 
No  person  shall  be  eligible  to  this  office  who,  at  the  time  of  his 
election,  is  directly  or  indirectly  interested  in  any  contract  with  the 
Board,  or  who  holds  any  office  of  trust  or  agency  of  or  draws  a 
salary  from  any  corporation  which  holds  any  contract  with  the 
Board,  or  whose  father,  son,  brother,  wife,  daughter  or  sister  is  em- 
ployed as  teacher,  or  in  any  other  capacity  by  such  Board,  or  in 
any  of  the  public  schools,  or  who  is,  directly  or  indirectly,  interested 
in  the  sale  to  the  Board  of  books,  stationery,  or  other  property. 
If  he  shall,  after  election,  become  a  candidate  for  any  office  or  agency 
or  for  the  nomination  thereto,  the  holding  and  discharging  of  which 
would  have  rendered  him  ineligible  before  election,  or  if  he  shall 
remove  out  of  the  city  for  which  he  was  chosen,  or  if  he  shall  do 
or  incur  anything  which  would  have  rendered  him  ineligible  for 
election,  or  if  any  of  his  relatives  above  specified  be  employed  by  the 
Board,  his  office  shall,  without  further  action,  be  vacant  and  it  shall 
be  filled  as  directed. 

§  251. — Compensation  of  Members — No  compensation  shall  be 
paid  to  the  members  of  the  Board,  but  they  shall  be  exempt  from 
jury  duty  and  from  service  as  election  officers  during  their  term  of 
Office. 

§  252. — Term  of  Office— The  members  of  said  Board  of  Education 
shall  be  elected,  except  as  specified  in  section  253  of  this  Act,  for 
the  term  of  four  years  by  the  qualified  voters  of  such  city.  They 
shall  be  elected  from  the  city  at  large,  and  such  election  shall  be 
held  under  the  provisions  of  the  general  laws  governing  city  elec- 
tions, so  far  as  they  are  not  inconsistent  with  the  provisions  of  this 
Act. 

§  253. — Election  by  Secret  Ballot — General  Election  Law  to  Con- 
trol— All  elections  for  members  of  the  Board  of  Education  shall  be 
by  secret  ballot,  and  the  ballot  shall  be  on  a  separate  sheet  from 


KENTUCKY  SCHOOL  LAWS  1914.  95 

all  other  ballots  to  be  used  in  any  election.  It  shall  be  the  duty  of 
the  County  Clerk  of  any  county,  in  which  a  city  of  the  first  class  is 
situated,  to  cause  to  be  printed  on  said  ballot  the  names  of  all  can- 
didates for  membership  of  the  Board  of  Education  of  such  a  city,  in 
whose  behalf  he  may  be  petitioned  so  to  do  in  writing  by  not  less 
than  four  hundred  electors  of  said  city.  The  petitions  must  be  filed 
in  the  office  of  the  County  Clerk  not  more  than  sixty  days  nor  less 
than  fifteen  days  before  the  day  of  election,  and  each  petition  must 
be  signed  by  the  requisite  number  of  qualified  persons,  and  shall 
show  the  place  of  residence  of  each  person  signing  it,  and  no  person 
shall  sign  more  petitions  than  the  number  of  offices  to  be  filled.  If 
the  nomination  is  to  fill  a  vacancy,  the  petition  shall  so  state.  Where 
the  same  person  shall  be  nominated  for  a  full  term  and  to  fill  a  va- 
cancy, he  shall  be  accepted  as  a  candidate  for  the  full  term.  Said 
ballot  shall  be  in  the  form  prescribed  for  ballots  by  the  general  elec- 
tion law  of  the  State,  except  that  no  party  or  other  emblem  or  dis- 
tinguishing mark  shall  be  placed  upon  said  ballot,  save  the  words, 
"School  Ticket"  at  the  head  thereof;  and  that  the  names  of  all  can- 
didates for  membership  in  the  Board  of  Education  shall  be  printed 
on  said  ballot  in  a  single  column.  The  names  shall  be  printed  on  the 
first  one  hundred  ballots  as  arranged  in  order  by  lot.  On  each  of 
the  succeeding  one  hundred  ballots  the  names  shall  be  printed  in  the 
same  order,  save  that  the  last  name  on  the  preceding  one  hundred 
ballots  shall  be  shifted  to  the  first  place;  and  so  on  thereafter 
throughout,  a  like  change  being  made  in  the  printed  order  of  names 
for  every  one  hundred  ballots.  As  many  additional  lines  shall  be  left 
blank  as  there  are  members  to  be  elected.  The  provisions  of  the 
general  election  law  of  the  State  of  Kentucky  as  to  the  duties  of 
County  Clerks  and  other  public  officers  in  the  matter  of  printing  and 
distributing  ballots,  of  the  issuing  them  to  voters,  of  receiving  and 
depositing  them  in  the  ballot  boxes,  and  of  counting  and  preserving 
them,  and  in  all  other  particulars,  except  as  otherwise  provided  here- 
in, shall  be  applicable  in  all  respects  to  the  election  of  members  of 
the  Board  of  Education:  Provided,  that  it  shall  be  the  duty  of  the 
Sheriff  of  each  county  in  which  a  city  of  the  first  class  is  situated,  to 
provide  for  each  precinct  in  said  city  a  separate  box  for  the  recep- 
tion of  the  ballots  used  in  the  election  of  members  of  the  Board  of 
Education.  And  provided,  further,  that  it  shall  be  the  duty  of  the 
judge  of  election  of  the  opposite  political  party  to  the  clerk  of  the 
election  in  each  precinct  to  issue  the  school  ballots  in  the  same 
manner  as  other  ballots  are  issued  by  the  clerk  of  election  by  writ- 
ing the  name  and  the  residence  of  the  voter  upon  the  primary  stub, 
and  his  registered  number  upon  the  secondary  stub  of  the  school 
ballot,  and  by  observing,  as  to  these  ballots,  such  other  regulations 
for  the  issue  and  deposit  of  ballots  as  may  be  prescribed  for  elec- 
tions generally.  It  shall  be  unlawful  for  an  election  officer  or  other 
person  within  the  election  booth  to  tell  or  to  indicate  by  word  of 


96  PUBLIC  SCHOOLS  IN  CITIES  OF  FIRST  CLASS. 

mouth  or  otherwise  to  a  voter  what  may  be  the  political  affiliations  of 
any  candidate,  and  a  violation  of  this  provision  shall  be  a  misde- 
meanor punishable  by  fine  not  exceeding  two  hundred  dollars. 

§  254. — Members  to  be  Voted  For. — Each  voter  may  vote  for  as 
many  of  said  candidates  as  there  are  members  to  be  elected  by  mark- 
ing a  cross  in  the  square  opposite  the  name  of  each  candidate  for 
whom  he  wishes  to  vote.  The  candidates,  in  number  equal  to  the 
number  of  members  to  be  chosen,  who  have  the  highest  number  of 
votes  shall  be  declared  elected.  If  at  any  election  a  member  is  to 
be  chosen  to  fill  a  vacancy  and  to  serve  out  an  unexpired  term,  can- 
didates may  be  chosen  as  above  provided,  but  they  shall,  in  all 
cases,  be  designated  on  the  ballots  as  candidates  to  fill  a  vacancy, 
and  the  date  of  the  unexpired  term  shall  be  stated. 

§  255.— Organization  of  Board — At  the  general  election  occurring 
in  the  month  of  November,  1910,  five  members  of  the  Board  of 
Education  shall  be  elected  as  herein  provided.  After  having  qualified 
by  taking  the  oath  as  prescribed  by  law,  they  shall  assume  office  on 
the  first  day  of  January,  1911,  and  shall  meet  at  the  offices  of  the 
present  School  Board  of  said  city  at  twelve  o'clock  noon,  and  shall 
proceed  to  organize  by  electing  one  of  their  number  President,  and 
another  Vice-President.  Within  one  week  after  the  organization  of 
said  Board  it  shall  meet  to  divide  its  members  by  lot  in  such  manner 
as  they  shall  determine  into  two  classes,  as  follows:  The  first  class 
consisting  of  two  members,  shall  hold  office  through  the  31st  day  of 
December,  1912,  the  second  class  consisting  of  three  members,  shall 
hold  office  through  the  31st  day  of  December,  1914.  Thereafter  at 
each  regular  election  held  in  November  of  each  even  numbered  year, 
members  shall  be  elected  as  hereinbefore  provided,  to  take  the  place 
of  those  whose  terms  will  next  expire,  and  the  members  so  ^chosen 
shall  hold  office  for  four  years,  or  until  their  successors  are  elected 
and  qualified. 

§  256.— President  and  Vice-President  to  be  Elected— At  its  first 
regular  meeting  after  the  1st  day  of  January,  in  each  year,  following 
its  original  organization,  said  Board  of  Education  shall  reorganize  by 
electing  one  of  its  members  President,  and  another  Vice-president. 

§  2,57. — Vacancies — How  Filled — Any  vacancy  in  said  Board,  from 
whatever  cause  occurring,  shall  be  temporarily  filled  by  the  other 
members  of  the  Board  as  soon  as  practicable  after  such  vacancy 
occurs.  The  member  so  chosen  shall  hold  office  until  his  successor  is 
elected  and  qualified,  subject  to  the  provisions  of  Section  152  of  the 
Constitution  of  Kentucky. 

§  258. — Board  of  Education  to  Surrender  School  Property — When 
members  of  the  Board  of  Education  shall  have  been  elected,  shall 
have  qualified,  and  shall  have  organized  as  hereinbefore  provided, 
thereupon  it  shall  become  the  duty  of  the  existing  School  Board  and 
all  officers,  agents  and  employes  thereof  to  surrender  their  places  and 
to  deliver  to  said  Board  of  Education  all  the  common  school  prop- 


KENTUCKY  SCHOOL  LAWS  1914.  97 

erty,  both  real  and  personal,  of  every  kind  whatsoever,  and  the  con- 
trol and  management  of  the  common  school  affairs  of  such  city:  Pro- 
vided, that  until  such  Board  of  Education  shall  be  organized,  the 
administration  of  the  common  schools  and  the  management  of  school 
property  in  such  city  shall  remain  in  the  control  of  the  existing 
School  Board  in  the  same  manner  and  with  the  same  powers  as 
existed  prior  to  the  passage  of  this  Act.  All  rules  and  by-laws  made 
by  any  existing  School  Board  at  such  time  vested  in  such  city  with 
the  management  of  the  common  schools  shall  continue  in  force,  so 
far  as  consistent  with  this  Act  until  repealed  or  altered  by  a  major- 
ity of  such  Board  of  .Education.  Provided,  further,  that  the  first 
Board  of  Education  may  continue  the  employment  and  service  of 
any  existing  officers,  teachers,  agents  or  other  employes,  in  their 
several  capacities  in  connection  with  the  administration  of  school 
affairs,  until  such  time  as  they  effect  the  change  of  administrative 
system  applicable  to  the  common  schools  as  contemplated  in  this 
Act;  and  said  Board  of  Education  may  thereafter  retain  or  remove 
any  agents,  teachers,  janitors,  engineers  or  other  employes  then 
rendering  service  in  connection  with  the  public  schools  of  said  city. 

§  259. — Rules  and  By-Laws — It  shall  be  the  duty  of  ~said  Board  of 
Education,  within  sixty  days  after  its  organization,  to  adopt  rules 
and  by-laws  for  its  meetings  and  proceedings,  and  for  the  govern- 
ment, regulation  and  management  of  the  schools  and  school  property, 
and  for  the  examination,  qualification  and  employment  of  teachers. 
And  such  rules  or  by-laws  may  be  changed,  altered,  or  set  aside,  only 
upon  an  affirmative  vote  of  four  (4)  members  of  the  Board. 

§  260.— Appointment  of  Officers—It  shall  be  the  duty  of  said  Board 
of  Education,  as  soon  as  practicable  after  its  organization,  to  appoint 
a  Superintendent  of  Schools,  a  Business  Director,  a  Secretary  and 
Treasurer,  and  such  other  officers,  employes  and  agents  as  it  may 
deem  -proper.  Provided  that  no  such  officer,  employe  or  agent  shall 
be  a  member  of  said  Board. 

§  261. — Superintendent  of  Schools  Appointed  for  One  Year — 
Powers  and  Duties— The  Board  of  Education  shall  appoint  a  Super- 
intendent of  Schools  who  shall  serve  for  a  term  of  one  year,  but 
whenever  a  Superintendent  who  shall  have  served  one  year  shall  be 
re-elected,  his  re-election  shall  be  for  a  term  of  four  years.  His  com- 
pensation shall  not  be  changed  during  the  term  for  which  he  is 
elected.  He  may  be  removed  at  any  time  by  a  vote  of  three-fifths 
of  the  entire  Board.  The  Board  of  Education  may,  on  the  nomina- 
tion of  the  Superintendent  of  Schools,  appoint  as  many  Assistant 
Superintendents  as  it  may  deem  necessary,  whose  compensation 
shall  be  fixed  by  the  Board,  and  who  may  be  removed  by  the  Super- 
intendent with  the  approval  of  the  Board.  The  Superintendent  of 
Schools  shall  qualify  by  taking  the  oath  prescribed  by  law.  He 
shall  have  general  supervision,  subject  to  the  control  of  the  Board, 
of  the  course  of  instruction,  discipline  and  conduct  of  the  schools, 

S. 


98  PUBLIC   SCHOOLS  IN  CITIES   OF  FIRST  CLASS 

text  books  and  studies;  and  all  appointments,  promotions  and 
transfers  of  teachers  and  truant  officers,  and  introduction  and 
changes  of  text  books  and  apparatus  shall  be  made  only  upon  the 
recommendation  of  the  Superintendent  and  the  approval  of  the 
Board.  The  Superintendent  shall  have  the  power  to  suspend  any 
teacher  or  truant  officer  for  cause  deemed  by  him  sufficient,  and  the 
Board  of  Education  shall  take  such  action  upon  the  restoration  or  re- 
moval of  such  person  as  it  may  deem  proper.  All  appointments  and 
promotions  of  teachers  shall  be  made  upon  the  basis  of  merit,  to 
be  ascertained,  as  far  as  practicable,  in  cases  of  appointments,  by 
examination,  and  in  cases  of  promotion,  by  length  and  character  of 
service.  Examination  for  appointment  shall  be  conducted  by  the 
Superintendent  in  accordance  with  the  State  law  for  the  certifica- 
tion of  teachers,  and  under  such  other  regulations  as  may  be  made 
by  the  Board.  The  Superintendent  of  Schools  shall  devote  himself 
exclusively  to  the  duties  of  his  office,  and  shall  have  power  to  ap- 
point clerks,  whose  number  and  salaries  shall  be  fixed  by  the  Board, 
and  shall  have  power  to  remove  the  same;  shall  exercise  a  general 
supervision  over  the  schools  of  the  city,  examine  their  condition  and 
progress  and  shall  keep  himself  informed  as  to  the  progress  of  edu- 
cation in  other  cities.  iHe  shall  advise  himself  of  the  need  of  exten- 
sion of  the  school  system  of  the  city,  shall  make  reports  from  time 
to  time  as  may  be  fixed  by  the  rules  or  directed  by  the  Board,  and 
shall  be  responsible  to  the  Board  for  the  condition  of  the  instruc- 
tion and  discipline  of  the  schools.  The  term  "teachers,"  as  used 
herein,  shall  include  supervisors,  supervising  principals  and  prin- 
cipals. 

§  262. — Business  'Director — Compensation — Duty — The  Board  shall 
appoint  a  Business  Director,  who  shall  serve  for  a  term  of  one  year, 
but  whenever  a  Business  Director  who  shall  have  served  one  year 
shall  be  re-elected,  his  re-election  shall  be  for  a  term  of  four  years, 
but  he  may  be  removed  at  any  time  by  a  vote  of  three-fifths  of  the 
entire  Board.  His  compensation  shall  not  be  changed  during  the 
term  for  which  he  is  elected.  The  Business  Director  shall  qualify  by 
taking  the  prescribed  oath,  and  shall  be  the  executive  officer  of  the 
Board.  He  shall  execute  for  the  Board  in  the  name  of  the  Board 
its  contracts  and  obligations;  he  shall  see  that  all  contracts  made 
by  or  with  said  Board  are  fully  and  faithfully  performed;  he  shall 
have  the  care  and  custody  of  all  property  of  the  Board  of  Education, 
real  and  personal,  except  moneys;  he  shall  oversee  the  construction 
of  buildings  in  process  of  erection  and  repairs  of  buildings  owned 
or  controlled  by  the  Board;  shall  advertise  for  bids,  and  shall  pur- 
chase all  supplies  and  equipments  authorized  by  the  Board;  and, 
generally,  shall  execute  and  carry  into  effect  all  matters  and  things 
authority  for  which  shall  have  been  granted  by  the  Board,  as  here- 
in provided. 


KENTUCKY  SCHOOL  LAWS  1914.  99 

§  263. — Bond  to  be  Given  by  Business  Director — The  Business 
Director  shall  devote  his  entire  time  to  the  duties  of  his  office,  and 
shall  receive  an  annual  salary  to  be  fixed  by  the  Board  at  the  be- 
ginning of  each  term,  and  payable  monthly  out  of  the  School  Fund 
of  the  city.  Before  entering  upon  the  discharge  of  the  duties  of  his 
office  he  shall  give  a  bond  for  the  faithful  performance  thereof  in 
the  sum  of  ten  thousand  dollars,  with  a  surety  company,  to  be  ap- 
proved by  the  Board,  which  bond  shall  be  paid  for  by  the  Board  and 
be  deposited  with  the  Secretary  and  Treasurer  within  twenty  days 
from  date  of  election,  and  preserved  by  him. 

§  284. — Janitors  and  Engineers  to  be  Appointed  by  Business  Direc- 
tor— Subject  to  the  approval  of  the  Board  of  Education  as  to  the 
number  and  salaries,  the  Business  Director  shall  have  power  to  ap- 
point, with  the  approval  of  the  Board  of  Education,  as  many  engi- 
neers, janitors  and  other  employes  and  agents  as  may  be  necessary 
for  the  proper  performance  of  the  duties  of  his  department,  for  whom 
he  shall  be  responsible,  and  whom  he  shall  have  power  to  remove; 
but  the  Board  of  Education  may  provide  for  a  competitive  examina- 
tion for  the  positions  of  janitors  and  engineers;  and  when  such  pro- 
vision shall  have  been  made,  the  Business  Director  shall  be  required 
by  the  Board  to  appoint  janitors  and  engineers  from  the  list  ob- 
tained by  such  examination.  He  shall  appoint  such  assistants  and 
deputies  as  may  be  authorized  by  the  Board,  whose  compensation 
shall  be  fixed  by  the  Board;  and  one  of  said  assistants  shall  be  a 
trained  and  educated  mechanical  engineer,  qualified  to  design  the 
heating,  ventilating  and  sanitary  machinery  and  apparatus  connected 
with  the  school  buildings.  Such  assistants  and  deputies  shall  be  sub- 
ject to  removal  by  the  Business  Director  who  shall  be  responsible  for 
the  proper  performance  of  their  duties.  He  shall  perform  such  other 
duties  as  may  be  required  of  him  by  the  Board. 

§  265. — Contracts  to  Lowest  Bidders — All  contracts  for  the  erec- 
tion of  school  buildings  and  all  contracts  for  repairs  and  alteration 
in  school  property,  exceeding  the  amount  of  fifty  dollars,  shall  be 
made  by  the  Board  after  public  letting  to  the  lowest  responsible 
bidder,  but  it  may  reject  all  bids.  The  necessary  specifications  and 
drawings  shall  be  prepared  for  all  such  work,  and  bids  therefor  shall 
be  solicited  by  such  advertisement  as  the  Board  may  provide.  All 
other  work  of  construction  and  repairs  shall  be  made  directly  by 
the  Business  Director,  as  herein  provided.  For  all  work  of  construc- 
tion and  repairs  authorized  to  be  done  directly  by  the  Business  Di- 
rector he  shall  furnish  the  necessary  specifications  and  drawings,  ex- 
cept in  cases  of  emergency,  and  where  the  cost  shall  not  exceed  the 
sum  of  two  hundred  dollars,  and  shall  solicit  bids  for  such  work  as 
may  be  provided  for  by  the  Board.  No  bids  shall  be  entertained  by 
the  Business  Director  which  are  not  made  in  accordance  with  the 
specifications  furnished  by  him,  and  all  contracts  shall  be  let  to  the 


100  PUBLIC   SCHOOLS  IN  CITIES   OF  FIRST  CLASS 

lowest  responsible  bidder  complying  with  the  terms  of  the  letting: 
Provided,  however,  that  the  said  Business  Director  shall  have  the 
right  to  reject  any  and  all  bids. 

§  266.— Advertisement  for  Supplies— The  Board  shall,  at  or  prior 
to  the  beginning  of  each  fiscal  year,  cause  advertisements  to  be  made 
under  such  regulations  as  it  may  provide  for  proposals  for  furnish- 
ing the  supplies  required  in  the  schools  and  by  the  Board  in  the 
ensuing  year;  and  every  contract  therefor  shall  be  awarded  to  the 
lowest  responsible  bidder  complying  with  the  terms  of  the  letting; 
Provided,  however,  that  said  Board  shall  have  and  reserve  the 
right  to  reject  all  bids.  If  other  supplies  are  required  during  the 
year,  they  shall  be  furnished  under  contracts  awarded  in  like  man- 
ner; but  the  B:oard  may  authorize  the  purchase  of  supplies  not  ex- 
ceeding fifty  dollars  in  amount  without  letting  or  contract.  The 
Board  shall  make  distribution  of  supplies  through  such  agencies  and 
m  such  manner  as  it  deems  proper. 

§  267. — Secretary  and  Treasurer  to  be  Appointed — The  Board 
shall  appoint  an  officer,  who  shall  be  Secretary  and  Treasurer,  and 
shall  serve  for  a  term  of  one  year,  but  whenever  a  Secretary 
and  Treasurer  shall  have  served  one  year  and  be  re-elected,  his 
election  shall  be  for  a  term  of  four  years,  but  he  may  be  removed  at 
any  time  by  a  vote  of  three-fifths  of  the  entire  Board.  He  shall  give 
bond  in  such  sum  as  the  Board  may  require,  which  shall  not  be  less 
than  $50,000.00,  with  a  Surety  Company  to  be  approved  by  the 
Board,  such  bond  to  be  paid  for  by  the  iBoard  and  be  deposited  with 
the  President  of  the  Board  within  twenty  days  from  date  of  election 
and  preserved  by  him.  The  compensation  of  such  officer  shall  be 
fixed  by  the  Board  of  Education  before  his  election,  and  shall  not  be 
changed  during  the  term  for  which  he  is  elected.  He  shall  exercise, 
subject  to  the  control  of  the  Board,  general  supervision  over  the 
fiscal  affairs  of  the  public  schools  of  the  city,  the  collection  and 
payment  of  funds  to  the  school  depositaries,  and  the  disbursement 
of  all  revenues  and  moneys  belonging  to  the  Board.  He  shall  record 
the  proceedings  of  the  Board  in  such  manner  as  may  be  directed 
by  the  Board,  and  shall  deposit  daily  in  the  designated  depositary  of 
the  Board  all  moneys  collected  or  received  by  him  for  the  Board.  He 
shall  furnish  to  the  Board  at  the  beginning  of  each  month  a  statement 
of  receipts  and  disbursements  of  the  preceding  month;  and  at  the 
end  of  the  fiscal  year  he  shall  make  to  the  Board  a  full  and  com- 
prehensive report  of  its  financial  affairs  for  the  preceding  year.  He 
shall  be  the  custodian  of  all  securities,  documents,  title  papers, 
books  of  record  and  other  papers  belonging  to  the  Board,  under  such 
conditions  as  the  Board  may  direct.  It  shall  be  his  duty  to  see  that 
no  liability  is  incurred  or  expenditure  made  without  due  authority 
of  law,  that  appropriations  are  not  overdrawn  and  that  all  expendi- 
tures are  charged  to  the  appropriations  for  which  they  are  made. 
Subject  to  the  approval  of  the  Board,  he  shall  have  power  to  appoint 


KENTUCKY  SCHOOL  LAWS' 1914.  101 

assistants,  for  whim  he  shall  be  responsible  and  whom  he  may  re- 
move. He  shall  perform  such  other  duties  as  may  be  required  of  him 
by  the  Board. 

§  268. — Depositaries-  to  be  Selected — The  Board  shall,  in  the 
month  of  June  of  each  year,  advertise  for  bids  from  the  banks  and 
trust  companies  in  such  city  for  the  current  deposits  of  such  Board, 
to  be  secured  by  bond  with  surety  to  be  approved  by  the  Board  in  an 
amount  to  be  fixed  by  the  Board,  and  said  bids  shall  specify  the  rate 
of  interest  to  be  allowed  to  said  Board  on  such  deposits  and  the 
nature  of  the  security  offered;  and  such  deposits  shall  be  annually 
awarded  to  the  two  institutions,  banks  or  trust  companies  that  offer, 
with  the  required  security,  the  highest  rates  of  interest  therefor; 
and  the  Board  shall  cause  contracts  for  the  ensuing  year  to  be  made 
with  such  banks  or  trust  companies  so  receiving  the  award  of  such 
deposits.  All  moneys  due  the  Board,  from  any  source  whatsoever, 
shall  be  paid  to  the  Secretary  and  Treasurer,  who  shall  thereupon 
cause  all  funds  received  to  be  paid  into  such  designated  depositaries, 
the  balances  in  each  to  be  kept  as  nearly  equal  as  practicable. 
The  fiscal  year  of  the  Board  shall  end  on  the  30th  day  of  June  of 
each  year,  and  the  annual  contract  shall  be  made  in  the  month  of 
June  of  each  year  for  the  deposits  of  the  succeeding  fiscal  year. 
The  funds  of  the  Board  deposited  in  bank  shall  be  withdrawn  only 
on  the  order  of  the  Board,,  evidenced  by  check  of  its  Secretary 
and  Treasurer,  countersigned  by  the  President  of  the  Board,  or,  in 
his  absence  or  disability,  by  the  Vice-president. 

§  269. — Apportionment  of  Revenues — It  shall  be  the  duty  of  the 
Board  at  the  beginning  of  each  fiscal  year  to  apportion  the  revenues 
available  for  that  year  to  the  different  departments,  for  expenditure 
in  support  of  the  schools  for  that  year,  and  no  report  or  resolution 
shall  be  adopted  by  the  Board  calling  for  the  expenditure  of  money 
unless  it  states  specifically  the  fund  from  which  the  appropriation  is 
to  be  made,  and  is  accompanied  by  the  certificate  of  the  Secretary 
and  Treasurer  showing  sufficient  balance  in  such  fund  available  for 
such  expenditure. 

§  270. — Money  May  Be  Borrowed — The  Board  shall  have  power  to 
borrow  money  on  t!he  credit  of  the  Board  in  anticipation  of  the 
revenue  from  school  taxes  for  the  fiscal  year  in  which  the  same  is 
borrowed  and  to  pledge  said  school  taxes  for  the  payment  of  the 
principal  and  interest  of  said  loan:  Provided,  that  the  interest  paid 
shall  in  no  case  exceed  six  per  cent,  per  annum  and  the  principal 
shall  in  no  case  exce'ed  fifty  per  cent,  of  the  anticipated  revenue. 

§  271. — Tax  Levy — To  raise  money  for  the  maintenance  of  the 
schools  tne  General  Council  shall  annually  cause  to  be  levied  and 
collected  a  tax  of  not  less  than  thirty-six  -cents  (.36)  on  each  one 
hundred  ($100.00)  dollars  of  property  assessed  for  taxation  for  city 
purposes.  Upon  the  completion  of  the  assessment  of  property  for 
taxation,  the  amount  levied  as  above  shall  annually  be  passed  to  the 


'lT)r'**VTtfBi:itr  •SCHOOLS  IN  CITIES   OF  FIRST  CLASS 

credit  of  the  school  fund,  upon  the  books  of  the  city,  and  the  said 
amount,  as  collected,  shall  be  paid  over  to  the  Board  by  the  Treas- 
urer of  the  city,  in  regular  monthly  installments,  the  first  payment 
to  be  made  within  one  week  after  the  collection  of  said  amount  shall 
have  been  commenced  and  the  other  payments  to  be  made  weekly 
thereafter  in  current  money  by  the  said  treasurer  as  collected. 

§  272.— School  Fund— For  the  maintenance  of  the  schools  there 
shall  be  appropriated  the  sum  or  sums  which  may  be  received  from 
year  to  year  as  the  City's  portion  of  the  school  fund  of  this  Common- 
wealth. 

§  273.— Property  to  Escheat — So  much  real  or  mixed  property  in 
the  city,  which  from  alienage,  defect  of  heirs,  failure  of  kindred 
or  other  causes,  shall  escheat  to  the  Commonwealth  of  Kentucky 
shall  vest  in  the  Board  for  the  use  and  benefit  of  the  common 
schools.  Said  Board  may,  in  the  name  of  the  Commonwealth,  for  the 
use  and  benefit  of  the  common  schools  of  the  city,  by  its  President 
or  other  officer  to  be  designated  by  it,  enter  upon  and  take  possession 
of  said  property  or  sue  for  and  recover  the  same  by  an  action  at  law 
or  in  equity,  and  without  office  found.  The  Board  may  sell  and  con- 
vey any  of  such  property  by  warranty,  deed  or  otherwise. 

§  274. — Duty  of  Officers  as  to  Collection  of  Taxes — All  officers  of 
any  city  of  the  first  class,  and  of  the  State,  concerned  with  the  assess- 
ment and  collection  of  taxes,  fines  and  penalties  shall  perform 
such  duties  in  relation  to  the  levying  and  collection  of  school  taxes 
and  the  collection  of  such  fines  and  penalties,  and  the  payment  there- 
of to  said  Board  for  school  purposes,  as  are  now  imposed  by  the 
existing  laws  upon  such  officers  in  relation  to  the  levy  and  collection 
of  school  taxes  and  the  collection  of  fines  and  penalties  payable  to 
the  school  funds;  and  nothing  in  this  Act,  unless  inconsistent  there- 
with, shall  be  construed  as  repealing  any  existing  law  providing  for 
the  assessment  and  collection  of  school  taxes  in  such  city;  and  all 
powers  and  duties  conferred  by  existing  law  upon  any  Board  in  rela- 
tion thereto  shall  be  continued  in  the  Board  created  by  this  Act. 

§  275. — Books  to  be  Audited  by  Expert  Accountant — At  the  close 
of  each  fiscal  school  year  the  Mayor  of  such  city  shall  appoint  one 
or  more  expert  accountants,  who  shall  examine  the  books,  accounts 
and  vouchers  of  the  Secretary  and  Treasurer,  Business  Director,  and 
all  other  departments  of  expenditures  of  the  Board,  and  shall  make 
due  report  thereof  to  the  Mayor  and  Board  of  Education  of  such  city. 
All  the  officers  and  employes  of  the  Board  shall  produce  and  submit 
to  such  accountants  for  examination  of  all  books,  papers,  documents, 
vouchers  and  accounts  in  their  office  belonging  to  the  same  or  thereto 
pertaining,  and  shall  in  every  way  assist  said  accountants  in  their 
work.  In  the  report  to  be  made  by  said  accountants  they  may  make 
any  recommendation  they  deem  proper  as  to  the  business  methods  of 
such  officers  and  employes.  A  reasonable  compensation  for  such  ser- 
vices shall  be  paid  by  the  Board. 


KENTUCKY  SCHOOL  LAWS  1914.  103 

§  276.— Kindergartens — Power  to  Establish — The  Board  shall  have 
the  power  to  establish  and  maintain  kindergartens  for  children  from 
four  to  six  years  of  age,  high  schools,  manual  training  schools  and 
a  normal  school  and  normal  training  classes  for  the  purpose  of  train- 
ing teachers  to  fill  positions  in  the  schools  of  the  city,  and  to  this 
end  it  may  prescribe  rules  and  regulations  for  the  government  of  such 
schools,  and  as  in  other  cases  it  may  employ  the  principals  and  other 
teachers  necessary  for  their  efficient  management. 

§  277. — Separate  Schools  for  White  and  Colored  Children — The 
Board  shall  provide,  maintain  and  support  separate  schools  wherein 
all  colored  children,  who  are  bona  fide  residents  of  said  city,  between 
the  ages  of  six  and  twenty  years,  may  be  taught  in  like  manner  as 
herein  provided  for  white  children.  Said  schools  for  colored  children 
shall  be  entitled  to  the  same  benefits,  be  governed  by  the  same  rules 
and  regulations,  and  be  subject  to  the  same  restrictions  as  the  schools 
herein  provided  for  the  white  children. 

§  278. — Qualifications  of  Pupils  Fixed  by  Board — The  Board  shall 
prescribe  the  necessary  qualifications  and  mode  of  examination  for 
applicants  for  admission  to  the  various  schools,  and  may  furnish  text 
books  and  necessary  school  supplies  to  pupils  free  of  charge  under 
such  rules  and  regulations  as  it  may  adopt. 

§  279. — Religious  Dogmas — No  formula  of  religious  belief  shall  be 
taught  or  inculcated,  nor  shall  any  class  or  any  text  book  be  used 
which  reflects  on  any  religious  denomination. 

§  280. — Pupils  Admitted  from  Beyond  City. — The  Board  shall  have 
power  to  admit  to  the  school  pupils  from  beyond  the  city  limits,  and 
shall  collect  from  all  persons  so  admitted  tuition  fees  for  the  benefit 
of  the  school  fund  of  the  city,  but  may  make  equitable  allowance  or 
reduction  for  taxes  paid  for  schools  by  such  children  or  their  parents 
on  property  in  the  city.  Children  of  persons  residing  outside  of  the 
city  limits  shall  not  be  admitted  as  pupils  into  any  of  the  public 
schools,  except  upon  payment  of  such  tuition  as  the  Board  may  re- 
quire as  aforesaid. 

§  281. — Reports  to  be  Made — Census  to  be  Taken — A  city  of  the 
first  class  being  deemed  one  school  district  for  taxation  purposes 
and  entitled  to  its  proportion  of  the  common  school  fund  of  the  Com- 
monwealth, the  Board  of  Education  of  such  city  shall  make  detailed 
reports  annually  and  special  reports  as  required  to  the  State  Super- 
intendent of  Public  Instruction.  The  Board  shall  also,  in  the  year 
1911,  and  every  third  year  thereafter,  take  the  census  of  children  of 
school  age  and  make  returns  thereof  to  the  Superintendent  of  Public 
Instruction,  at  the  same  time  other  school  officers  are  required  to 
make  returns;  and  for  the  neglect  of  this  duty  the  members  of  the 
Board  shall  be  liable  to  the  same  penalties.  This  census  shall  be 
taken  under  regulations  approved  by  the  State  Board  of  Education. 
For  the  years  in  which  no  census  is  required  to  be  taken,  the  Super- 
intendent of  Public  Instruction  shall  determine  the  amount  per  capita 


104  PUBLIC  SCHOOLS  IN  CITIES  OF  FIRST  CLASS 

to  be  paid  over  to  the  Board  of  Education  of  such  cities  by  adding  an* 
nnually  to  the  number  of  children  of  school  age,  as  shown  by  the  next 
preceding  census  actually  taken,  such  increase  or  addition  as  he  may 
ascertain  to  be  the  annual  increase  of  children  of  school  age  in  the 
district  upon  averaging  the  yearly  increase  shown  by  the  three  actual 
enumerations  next  preceding:  Provided,  however,  that  the  Board  of 
Education  of  any  such  city  or  the  Superintendent  of  Public  Instruction 
may  elect  to  take  an  actual  census  in  any  of  such  years,  in  which 
case  the  return  of  such  census  shall  govern. 

§  282. — Report  of  Business  Director  and  Treasurer-  The  Board 
shall,  at  the  end  of  each  scholastic  year,  prepare  and  publish,  for 
the  information  of  the  public,  a  report  which  shall  include  the  annual 
reports  made  to  the  Board  by  the  Superintendent,  Business  Director 
and  Secretary  and  Treasurer,  together  with  such  other  information 
as  may  be  proper  and  necessary  to  an  understanding  of  the  general 
condition  and  educational  progress  of  the  schools  during  the  preced- 
ing year. 

§  283.— Penalty— Any  member,  officer  or  employe  of  such  Board 
who  shall  wilfully  violate  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall,  unless 
otherwise  herein  provided,  be  punished  by  a  fine  of  not  more  than 
five  hundred  dollars  or  imprisonment  not  exceeding  one  year,  or  by 
both  fine  and  imprisonment,  in  the  discretion  of  the  jury.  But  noth- 
ing herein  contained  shall  be  construed  as  suspending  the  general 
criminal  laws  of  the  State  so  far  as  applicable. 

§  284. — Repealing  Clause — The  general  school  laws  of  this  (State 
and  all  laws  and  parts  of  laws  applicable  to  the  general  system  of 
common  schools  in  a  city  of  the  first  class  and  not  inconsistent  here- 
with, shall  be  in  full  force  and  effect  in  such  city.  (Act  of  1910.) 

OLD  LAW. 

(Note. — The  following  sections  of  the  old  law  as  to  cities  of  the 
First  Class  are  inserted  for  the  reason  that  there  is  doubt  as  to 
whether  or  not  they  are  repealed  toy  the  act  of  1910.) 

§  285.— Appropriation  of  Money— No  appropriation  of  mdney  shall 
be  made  by  the  board,  except  upon  the  affirmative  vote  of  a  majority 
of  the  members.  The  vote  shall  be  entered  upon  its  records. 

§286.— Record  of  Proceedings — All  proceedings  of  the  board  shall 
be  entered  in  a  book  provided  for  that  purpose.  This  book  shall  be  a 
public  record,  and  at  all  times  be  open  to  the  inspection  of  the  citi- 
zens. 

§  287.— Adoption  of  Text  Books— The  board  shall  prescribe  the 
branches  of  education  to  be  taught  and  the  text  books  to  be  used. 
Text  books  once  adopted  shall  not  be  changed  except  by  unanimous 
consent  of  the  board  until  notice  of  said  proposed  change  shall  be 
given  and  entered  upon  the  records  of  the  board  one  full  scholastic 
year,  and  then  only  by  the  affirmative  vote  of  not  less  than  two-thirds 
of  the  members. 


KENTUCKY  SCHOOL  LAWS  1914.  105 

§  288. — Perquisites — No  fees  or  perquisites  shall  be  received  by 
said  secretary.  Interest  paid  on  deposits  must  be  accredited  to  the 
board. 

§  289. — Charges  Against  Officers  and  Teachers — In  investigation 
of  charges  or  complaint  against  any  of  its  members,  officers, 
principals,  teachers  or  other  employes,  the  board,  or  its  committee" 
on  grievances,  shall  have  the  power  to  summons  witnesses,  and  by 
its  chairman  administer  oath.  Any  wilful  disregard  of  said  sum- 
mons or  process  may  be  punished  by  any  judge  of  the  circuit  court 
on  complaint  of  the  board  as  contempt  of  such  court  is  punished. 

§  290. — Punishment  of  Members — The  board  may  punish  its  mem- 
bers for  misconduct  by  reprimand  or  expulsion  from  office,  and  pun- 
ish its  officers,  principals,  teachers  and  employes  by  reprimand,  sus- 
pension, forfeiture  of  pay  or  dismissal,  as  it  may  judge  appropriate 
for  the  offense  committed.  Any  officer  or  member  of  said  board  who 
shall  receive  any  money  or  other  thing  of  value,  directly  or  indirectly 
for  his  vote  or  influence  in  favor  of  any  measure  upon  which  he  shall 
act  officially,  shall  be  deemed  guilty  of  a  felony,  and  upon  conviction 
thereof,  be  confined  in  the  penitentiary  not  less  than  two  nor  more 
than  ten  years. 

§  291. — Appropriations — For  the  maintenance  of  the  schools 
there  shall  be  appropriated  the  sum  or  sums  which  may  have  been 
received  from  year  to  year  as  the  city's  portion  of  the  school  fund 
of  this  Commonwealth. 

§  292.— Certificate  of  Teachers — A  certificate  granted  to  any 
person  shall  be  void,  if  the  holder  thereof  shall  not  receive  regular 
employment  of  the  board  within  five  years  from  its  date,  but  may 
be  renewed  by  another  examination.  The  board  may  revoke  any 
certificate  issued  by  it  for  any  cause  by  it  deemed  sufficient. 

§  293. — Census  Enumerator,  Per  Diem — Penalty  of  Fraud — 
Average  Census — The  secretary  of  the  board  shall  employ,  subject 
to  the  approval  of  the  board,  a  sufficient  number  of  enumerators  to 
take  the  census  within  the  time  required  by  law  and  may,  subject 
to  the  same  approval,  remove  without  notice,  any  enumerator  for 
incompetency,  neglect  of  duty,  malfeasance  or  misfeasance,'  and  at 
once  fill  a  vacancy  arising  from  this  or  any  other  cause:  Provided, 
however,  that  said  school  board  shall  be  allowed  thirty  additional 
days  if  in  their  opinion  the  same  is  deemed  necessary  for  an  accurate 
and  complete  census.  Each  enumerator  shall  be  at  least  twenty-one 
years  of  age  and  a  bona  fide  resident  of  the  ward  whose  territory 
or  a  part  of  whose  territory  he  is  appointed  to  enumerate,  and  shall 
take  an  oath  or  affirmation  that  he  will  take  the  census  accurately 
and  truly  to  the  best  of  his  skill  and  ability.  The  census  shall  be 
returned  by  wards,  each  iblock  of  which  shall  be  enumerated  on  a 
separate  list  or  lists,  the  street  and  number  of  residence,  if  any,  of 
such  person  so  listed,  to  be  given.  The  list  shall  be  made  out  in 
duplicate,  one  to  be  filed  with  the  school  board  and  one  to  be  for? 


106  PUBLIC   SCHOOLS  IN  CITIES   OF  FIRST  CLASS 

warded  to  the  Superintendent  of  Public  Instruction  as  aforesaid. 
No  enumerator  shall  take  the  census  of  any  child  not  residing  in  the 
territory  to  which  he  is  assigned  nor  of  children  who  have  recently 
removed  into  the  district  and  who  have  been  previously  reported 
in  the  census  of  pupil  children  for  the  year  in  the  district  from  which 
they  have  removed  or  who  have  recently  removed  into  the  district 
from  another  State  or  county.  Nor  shall  more  than  one  enumer- 
ator be  assigned  to  the  same  territory.  In  case  of  any  parent, 
guardian,  head  of  family,  master  of  apprentice  or  any  person  em- 
ploying, having  charge  of  or  harboring  any  child  entitled  to  school 
privileges,  shall  refuse  to  report  to  the  enumerator  any  facts  re- 
quired herein  necessary  to  the  full  and  accurate  census,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
fined  not  less  than  five  nor  more  than  twenty-five  dollars.  Each 
enumerator  shall,  when  making  return  of  said  census  to  the  secre- 
tary of  the  board,  make  affidavit  or  affirmation  that  he  has  returned 
the  enumeration  in  accordance  with  the  provisions  of  this  act,  to 
the  best  of  his  knowledge  and  belief,  and  that  such  list  contains  the 
name  of  all  persons  entitled  to  be  enumerated,  and  no  others.  Each 
oath  or  affirmation  provided  for  in  this  section,  shall  be  made  a 
part  of  the  blanks  on  which  the  census  is  taken,  and  a  matter  of 
record  in  both  the  office  of  the  school  board  and  that  of  the  Super- 
intendent of  Public  Instruction.  Each  enumerator  shall  be  allowed 
reasonable  compensation  per  diem  for  his  services  to  be  paid  out 
of  the  school  fund  of  said  city.  Any  school  officer,  or  other  person 
appointed  as  enumerator,  or  any  officer  through  whose  hands  the 
schools  census  required  by  this  act  shall  pass,  who  shall  knowingly 
enumerate  persons  not  entitled  to  ;be  listed,  or  who  shall  in  any 
manner,  add  to  or  take  from  the  number  actually  enumerated,  shall 
in  addition  to  being  liable  to  punishment  for  the  crime  of  false 
swearing,  be  denied  guilty  of  a  misdemeanor,  and,  upon  conviction 
of  such  offense,  shall  be  fined  in  any  sum  not  less  than  five  nor  more 
than  one  hundred  dollars,  or  imprisoned  in  the  county  jail  not  less 
than  ten  nor  more  than  thirty  days,  in  the  discretion  of  the  court. 
The  County  Superintendent  of  the  county  in  which  such  cities  are 
located,  shall  have  no  control  over  the  schools  in  such  districts,  but 
the  same  shall  be  governed  in  all  respects  as  herein  provided.  For 
the  years  in  which  no  census  is  required  to  be  taken  hereunder,  the 
Superintendent  of  Public  Instruction  shall  determine  the  amount  of 
per  capita  to  be  paid  over  to  the  school  board  of  such  cities,  by 
adding  annually  to  the  number  of  children  of  school  age  as  shown 
by  the  next  preceding  census  actually  taken,  such  increase  or  addi- 
tion as  he  may  ascertain  to  be  the  annual  increase  of  children  of 
school  age  in  the  district  upon  averaging  the  yearly  increase  shown 
by  the  three  actual  enumerations  next  preceding:  Provided,  how- 
ever, that  the  School  Board  or  Superintendent  of  Public  Instruction 
may  elect  to  take  an  actual  ceiisiis  in  any  of  such  years,  in  which 


KENTUCKY  SCHOOL  LAWS  1914.  107 

case  the  return  of  such  census  shall  govern.  The  Superintendent  of 
Public  Instruction  shall,  in  his  biennial  report,  give  statement  of  the 
estimated  census  for  any  year  included  in  said  report  wherein  dis- 
tribution of  per  capita  may  have  been  made  upon  estimated  census, 
as  provided  herein,  in  such  manner  as  to  show  clearly  the  actual 
enumeration  upon  which  such  estimates  may  have  been  based  and 
the  manner  in  which  the  estimated  census  has  been  computed. 

§  294.— Members  of  the  board  shall  not  be  elsewhere  called  in 
question  for  language  used  in  debate.  Act  of  1912. 

§  295. — Bonds — May  be  Issued  to  Erect  School  Building — In  cities 
of  the  first  class  whenever  the  Board  of  Education  shall  deem  it  nec- 
essary for  the  proper  accommodation  of  the  schools  of  such  city  to 
purchase  a  site  or  sites  or  to  erect  school  houses  for  the  high  schools 
or  for  the  other  schools,  or  to  purchase  land  for  the  enlargement  of 
existing  school  yards,  or  for  any  or  all  these  purposes,  and  the  an- 
nual funds  raised  from  other  sources  are  not  sufficient  to  accomplish 
said  purpose  or  purposes,  and  it  shall  deem  a  bond  issue  to  be  neces- 
sary therefor,  said  Board  shall  make  a  careful  estimate  of  the  prob- 
able amount  of  money  required  for  such  purpose  or  purposes  and  it 
shall  certify  to  the  General  Council  of  said  city  the  fact  that  an  elec- 
tion for  an  issue  of  bonds  for  school  improvements  should  be  held  to- 
gether with  the  amount  of  money  for  which  bonds  shall  be  issued 
and  the  purpose  or  purposes  to  which  the  proceeds  thereof  shall 
be  applied.  It  shall  thereupon  be  the  duty  of  the  General  Council  to 
adopt  an  ordinance  submitting  to  the  qualified  voters  of  the  city  at 
the  next  regular  municipal  election  the  question  whether  bonds  of 
the  city  to  the  amount  specified  shall  be  issued  for  school  improve- 
ment purposes.  The  bonds  so  issued  shall  be  designated  as  "School 
Improvement  Bonds,"  and  the  ordinance  shall  provide  the  date  and 
maturity  of  such  bonds,  the  rate  of  interest  they  shall  bear,  and  the 
total  amount  to  be  issued;  and  the  ordinance  shall  also  contain  the 
necessary  details  in  reference  to  the  execution  and  delivery  of  said 
bonds,  their  denominations,  coupons  to  be  annexed,  tax  to  be  levied 
to  pay  the  interest  and  a  sinking  fund  to  retire  such  bonds  at  ma- 
turity. No  bond  issue  shall  ever  be  for  an  amount  exceeding  the  sum 
of  one  million  dollars.  The  question  to  be  submitted  shall  be  so 
framed  that  the  voter  may  by  his  vote  answer  for  or  against  the 
issue  of  bonds. 

It  shall  be  the  duty  of  the  mayor  of  the  city  to  see  to  it  that  all 
proper  steps  are  taken  to  secure  a  vote  of  the  people  upon  the 
question,  conforming,  as  far  as  applicable,  to  the  proceedings  in  case 
of  an  election  for  members  of  the  Board  of  Education  in  cities  of  the 
first  class.  If  the  voters  of  the  city  shall  determine  that  such  bonds 
shall  'be  issued,  they  shall,  when  so  issued,  be  placed  under  the  con- 
trol of  the  Board  of  Education,  who  shall  determine  when  and  at 
what  price  and  how  they  shall  be  sold: 


108  PUBLIC   SCHOOLS  IN  CITIES  OF  FIRST  CLASS 

Provided,  That  no  such  bonds  shall  be  sold  for  less  than  par: 
And,  Provided,  further,  That  any  premium,  which  may  be  obtained 
from  said  bonds  shall  constitute  a  part  of  the  sinking  fund  for  their 
ultimate  retirement.  As  the  bonds  are  sold,  their  proceeds  shall  be 
placed  to  the  credit  of  the  Board  in  the  same  depositaries  which  are 
selected  for  its  other  funds  but  shall  be  kept  in  a  separate  account 
and  shall  be  used  only  for  the  purpose  for  which  the  bonds  were 
issued. 

It  shall  be  the  duty  of  the  General  Council  to  levy  annually  in 
its  tax  levy  a  rate  that  will  raise  a  sum  that  shall  be  sufficient  to 
pay  the  interest  and  create  a  sinking  fund  for  the  payment  of  the 
bonds  at  maturity.  The  said  bonds,  principal  and  interest,  shall  be 
a  charge  upon  the  sinking  fund  of  said  city,  and  it  shall  be  entitled 
to  have  the  annual  tax  that  shall  be  levied  as  aforesaid. 

TEACHERS'   PENSIONS 
Acts  of  1912. 

§  296. — Teachers'  Annuity  Fund — Board  of  Trustees — Manner  of 
Appointment — In  every  city  of  of  the  first  class  in  the  State  of  Ken- 
tucky there  shall  be,  and  is  hereby  created,  a  teachers'  annuity  fund, 
which  shall  be  governed  and  managed  by  a  board  of  trustees,  which 
shall  be  a  body  corporate  under  the  name  of  Trustees  of  Teachers 
Annuity  Fund  of  Louisville,  with  power  to  contract  and  to  sue  and  be 
sued,  and  to  adopt  and  alter  its  seal,  and  which  shall  be  composed 
of  seven  members,  as  follows:  One  member  of  the  Board  of  Educa- 
tion of  such  city,  to  be  selected  or  appointed  annually  by  such  board, 
the  Superintendent  of  Public  Schools,  one  principal  and  four  teachers 
regularly  employed  in  the  public  schools  of  such  city.  Said  principal 
and  teachers  of  such  city  shall  be  selected  at  a  meeting  of  the  public 
school  teachers  of  such  city  on  the  third  Saturday  of  May,  1912,  in 
such  manner  and  at  such  place  or  places  as  shall  be  determined  and 
designated  by  the  Board  of  Education  of  such  city;  and  thereafter 
there  shall  be  selected  on  the  third  Saturday  of  May  of  each  year  one 
principal  and  three  teachers  as  members  of  such  board  of  trustees. 
The  trustees  shall  hold  their  offices  until  their  successors  shall  be 
selected  or  elected  as  above  set  forth.  In  the  event  of  a  vacancy 
upon  said  board  occasioned  by  the  death,  resignation  or  disability  of 
either  of  said  principal  or  teachers,  then  the  public  .school  teachers 
of  said  city  shall,  within  a  reasonable  time,  upon  the  call  of  the 
president  of  said  board  of  trustees,  hold  a  special  meeting  and  elect 
a  successor  or  successors.  A  majority  of  said  trustees  shall  consti- 
tute a  quorum  for  the  transaction  of  business  pertaining  to  said  an- 
nuity fund.  Said  trustees  shall  receive  no  pay  for  their  services  as 
such,  except  the  secretary,  who  may  be  paid  such  sum  for  services 
as  may  be  fixed  by  the  board  of  trustees:  Provided,  however,  that  if 


KENTUCKY  SCHOOL  LAWS  1914.  109 

any  one  shall  act  as  such  secretary  who  shall  receive  any  of  the  bene- 
fits of  said  pension  fund,  as  hereinafter  provided,  the  amount  of  the 
salary  so  received  by  such  secretary  shall  be  deducted  from  the 
amount  for  which  he  or  she  would  otherwise  be  entitled  as  a  bene- 
ficiary under  said  fund. 

§  297. — Officers  of  Board — Powers  and  Duties — Said  board  of 
trustees  shall  elect  from  among  its  number  a  president,  vice-president 
and  secretary.  The  president  shall  preside  at  the  meeting  of  the 
board  and  perform  all  other  duties  usual  to  such  office.  The  vice- 
president  shall  perform  duties  of  the  president  in  his  or  her  absence. 
It  shall  be  the  duty  of  the  secretary  to  keep  a  true  and  accurate  ac- 
count of  the  proceedings  of  such  board  of  trustees  and  of  the  teach- 
ers of  such  city,  when  acting  upon  matters  with  relation  to  said 
fund,  and  to  turn  over  to  his  or  her  successor  all  books  and  papers 
pertaining  to  such  office.  The  Superintendent  of  Schools  of  such 
city  shall  act  as  assistant  treasurer,  and  it  shall  be  his  duty  to  keep 
a  true  and  accurate  statement  of  the  account  of  each  member  with 
said  annuity  fund,  to  collect  and  turn  over  to  the  treasurer  of  said 
board  all  moneys  belonging  to  said  fund,  and  to  render  to  the  board 
a  monthly  account  of  his  doings.  He  shall  furnish  bond  in  such 
amount  as  shall  be  determined  and  required  by  said  board  of  trus- 
tees. He  shall  receive  no  compensation  for  attending  to  the  duties 
of  his  office  as  assistant  treasurer  of  said  board,  but  the  trustees 
may  allow  to  him  annually  for  the  employment  of  clerical  assistance 
a  sum  not  to  exceed  two  hundred  dollars,  for  the  expenditure  of 
which  he  shall  account  by  full  statement,  with  vouchers  which  shall 
be  filed  with  his  annual  report  hereinafter  mentioned.  The  treas- 
urer of  the  Board  of  Education  shall  be  ex-officio  the  treasurer  of 
said  Board  of  Trustees,  and  he  shall  receive  and  hold  all  moneys  be- 
longing to  such  teachers'  annuity  fund;  he  shall  have  the  custody  of 
all  notes,  bonds  and  other  securities  belonging  to  said  fund,  and  shall 
collect  the  principal  and  interest  of  the  same  and  shall  be  liable  on 
his  bond  as  treasurer  of  the  Board  of  Education  for  the  perform- 
ance of  all  duties  imposed  upon  him  by  this  act  and  for  the  faithful 
accounting  of  all  moneys  and  securities,  including  both  principal  and 
interest,  which  may  come  into  his  hands  and  which  shall  belong  to 
such  annuity  fund.  And  he  shall  keep  a  separate  account  which 
shall  show  at  all  times  the  true  condition  of  such  fund.  Said  treas- 
urer shall,  upon  the  expiration  of  his  term  of  office,  account  to  said 
board  for  all  moneys,  notes,  bonds  and  other  securities  coming  into 
his  hands,  and  for  the  interest,  income,  profits,  rentals  and  proceeds 
of  and  from  the  same,  and  he  shall  turn  over  to  his  successor  all 
moneys,  notes,  bonds  and  other  securities  belonging  to  said  fund. 
The  secretary,  treasurer  and  assistant  treasurer  shall  each  make  a 
full,  true  and  accurate  report  of  their  offices  and  trusts  at  each  an- 


110  PUBLIC   SCHOOLS  IN  CITIES  OF  FIRST  CLASS 

nual  meeting  of  such  teachers  in  May  of  each  year.  Their  books 
shall  at  all  times  be  open  to  inspection  or  examination  by  any 
member  of  said  board  of  trustees. 

§  298, — Revenue— Board  to  Make  Rules  to  Govern  Same. — Such 
board  of  trustees  shall  have  full  charge  and  control  of  the  teach- 
ers' annuity  fund  of  such  city  with  power  to  adopt  and  enforce  all 
needful  regulations  governing  the  same,  not  inconsistent  with  this 
act.  Said  fund  shall  be  derived  from  the  following  sources: 

First,  All  money  that  may  be  given  to  said  board  of  trustees  or 
to  said  fund  or  to  the  board  of  education  of  such  city,  for  the  use  of 
said  board  of  trustees  of  teachers'  annuity  fund,  by  any  person  or 
persons.  Such  board  of  trustees  may  take  by  gift,  grant,  devise  or 
bequest,  any  money,  choses  in  action,  personal  property,  real  estate, 
or  any  interest  therein,  and  any  such  gift,  grant,  devise  .or  bequest 
may  be  absolute,  or  upon  the  condition  that  only  the  rent,  profits 
and  income  arising  from  the  same  shall  be  applied  to  the  uses  and 
purposes  of  said  fund.  Such  board  of  trustees  shall  be  authorized 
to  take  such  gift,  grant,  devise  or  bequest  under  and  by  the  style 
of  the  board  of  trustees  of  the  teachers'  annuity  fund,  of  such  city, 
and  to  hold  the  same,  or  assign,  transfer  or  sell  the  same,  when- 
ever proper  and  necessary,  under  and  by  such  name. 

Second,  Every  teacher  shall  be  assessed  upon  his  or  her  salary  as 
follows:  One  per  centum  per  annum  (but  not  more  than  $10  upon 
the  salary  of  every  teacher  who  shall  not  have  taught  in  excess  of 
fifteen  (15)  years;  and  two  per  centum  per  annum  (but  not  to  ex- 
ceed $20)  upon  the  salary  of  every  teacher  who  shall  have  taught 
longer  than  fifteen  (15)  years:  Provided,  however,  that  such  assess- 
ment shall  not  be  made  prior  to  the  first  day  of  September,  1912. 
And  the  assistant  treasurer  of  such  board  of  trustees  shall  prepare 
a  roll  of  each  of  said  assessments  and  place  opposite  the  name  of 
every  teacher  the  amount  of  assessment  against  him  or  her,  and 
shall  furnish  a  copy  of  such  roll  to  the  treasurer,  and  the  treasurer 
of  said  board  shall,  in  November  and  April  of  each  school  year, 
deduct  and  retain  out  of  the  salary  going  to  such  teacher  the  amount 
of  such  assessment,  and  shall  give  him  or  her  credit  for  the  same 
and  place  the  same  to  the  credit  of  said  teacher's  annuity  fund. 
Pvery  teacher  of  such  city  receiving  a  salary  of  four  hundred  and 
fifty  dollars  ($450)  a  year  or  more  shall  pay  such  assessment,  and 
in  becoming  a  teacher  he  or  she  shall  be  conclusively  deemed  to 
undertake  and  agree  to  pay  the  same,  and  to  have  such  assessment 
deducted  from  his  or  her  salary  as  hereinbefore  provided. 

§  299. — 'Revenue — Manner  of  Investment. — The  board  of  trustees 
of  such  teachers'  annuity  fund  shall  determine  what  part  of  said 
fund  may  be  safely  invested,  and  how  much  shall  be  retained  for 
the  immediate  needs,  demands  and  exigencies  of  said  fund.  Such 
investment  shall  be  made:  (1)  In  interest-bearing  bonds  of  the 
United  States,  or  in  any  bond  lawfully  issued  by  any  State,  county, 


KENTUCKY  SCHOOL  LAWS  1914.  Ill 

city  or  other  municipal  corporation;  (2)  loans  secured  by  mortgage 
upon  real  estate  within  the  county  wherein  such  city  is  located, 
which  loans  shall  not  be  in  excess  of  fifty  per  centum  of  the  ap- 
praised value  of  such  real  estate:  (3)  in  interest-bearing  deposits 
at  not  less  than  three  per  cent,  with  banks  or  trust  companies  of 
Louisville,  said  deposits  to  be  secured  to  their  full  amount  with  in- 
terest, by  securities  mentioned  in  classes  (1)  and  (2)  of  this  section. 
All  bonds,  mortgages  and  other  securities  shall  be  deposited  with 
and  remain  in  the  custody  of  the  treasurer  of  said  board,  who  shall 
collect  all  interest  due  thereon  and  all  the  income  therefrom,  as 
the  same  shall  become  due  and  payable. 

§  300. — Sinking  Fund  to  Be  Provided. — The  board  of  trustees  of 
such  teachers  annuity  fund  shall  establish  a  sinking  fund,  to  the 
credit  of  which  shall  be  put  and  deposited  all  gifts,  grants,  devises 
and  bequests,  and  the  unexpended  balance  remaining  at  the  expira- 
tion of  each  fiscal  year.  And  such  sinking  fund  shall  be  and  remain 
a  permanent  fund,  and  no  part  thereof  shall  be  expended  except  the 
interest  and  income  thereof  and  therefrom;  provided,  however,  that 
one-half  of  the  amount  added  to  such  sinking  fund  during  any  year 
may  be  used,  if  necessary,  during  the  year  immediately  following. 
301. — Annuity  Fund — Manner  of  Distribution — Said  teachers'  an- 
nuity fund  shall  be  used  and  devoted  in  the  manner  and  for  the 
purposes  following: 

First.  The  maximum  annuity  to  be  paid  any  teacher  shall  be  four 
hundred  dollars  ($400)  per  annum,  which  amount  shall  be  based 
upon  a  service  of  forty  (40)  years  as  such  teacher,  and  every  annui- 
tant and  beneficiary  of  said  fund  shall  be  entitled  to  and  shall  re- 
ceive such  percentage  of  said  sum  of  four  hundred  dollars  ($400)  as 
the  number  of  years'  teaching  of  said  pensioner  and  beneficiary 
shall  bear  to  the  term  of  forty  years,  subject,  however,  to  all  the 
provisions  of  this  act. 

Second.  Any  aged,  infirm,  diseased  or  disabled  teacher,  who  is 
now  or  hereafter  may  be,  teaching  in  the  public  schools  of  such  city, 
having  served  in  the  schools  of  said  city  as  such  teacher  for  not  less 
than  twenty  (20)  years  and  who  shall  have  been  relieved  from  ser- 
vice as  such  teacher  by  the  Board  of  Education  upon  the  ground  of 
his  or  her  infirmity,  disease'  or  disability,  shall  be  entitled  to  re- 
ceive a  disability  annuity;  provided  said  board  of  trustees  shall 
find  that  he  or  she  is  entitled  to  the  same  by  reason  of  such  age, 
disease,  infirmity  or  disability,  and  after  such  applicant  for  an 
annuity  shall  have  been  examined  by  a  physician  selected  for  such 
purpose  by  said  board  of  trustees,  the  examination  fee  or  charge 
of  such  physician  to  be  paid  by  the  applicant. 

Third.  Any  teacher  who  is  now  or  hereafter  may  be  teaching  in 
the  public  schools  of  such  city,  and  shall  have  taught  for  not  less 
than  thirty  (30)  years  may  be  granted  an  annuity  upon  application 
to  said  Board  of  Trustees,  or  may  be  granted  an  annuity  by  such 


112  PUBLIC    SCHOOLS   IN   CITIES   OF  FIRST   CLASS 

board  without  such  application  and  shall  thereafter  receive  an 
annuity  during  the  remainder  of  his  or  her  life,  subject,  however,  to 
all  the  conditions  in  this  act:  Provided,  however,  that  such  annui- 
tants shall  have  paid  into  said  fund,  by  way  of  assessment  or  other- 
wise, not  less  than  the  whole  of  the  amount  to  which  he  or  she 
shall  be  entitled  per  annum  as  an  annuitant.  And  in  order  to  make 
up  such  amount,  the  board  of  trustees  may  order  the  treasurer  to 
deduct  one-fifth  thereof  in  each  of  the  first  five  years  from  the 
amount  of  such  annuity.  If  at  any  time  there  should  net  be  suffi- 
cient money  in  or  to  the  credit  of  said  teachers'  annuity  fund  to 
pay  all  claims  against  it  in  full,  then  and  in  such  event,  an  equal 
percentage  shall  be  paid  upon  all  such  claims  to  the  full  extent  of 
the  funds  on  hand,  until  such  annuity  fund  shall  be  sufficient  to  pay 
all  claims  against  it  in  full. 

§  302.— Teachers  Entitled  to  Annuity  Fund. — In  computing  years 
of  service  as  provided  in  this  act,  the  board  of  trustees  shall  not 
include  service  as  a  public  school  teacher  rendered  outside  of  such 
city,  provided,  however,  that  any  teacher  may  be  given  a  leave  of 
absence  for  study,  professional  improvement  or  temporary  disability, 
not  exceeding  one  year  at  any  one  time,  and  shall  be  regarded  as  a 
teacher  and  entitled  to  the  benefits  of  this  act:  Provided,  that  during 
such  absence  he  or  she  continues  to  pay  into  such  fund  the  amount 
of  assessment  payable  by  such  teacher  the  last  year  preceding  such 
leave  of  absence. 

§  303. — Annuity  Fund  May  Be  Discontinued. — After  any  teacher 
shall  have  been  granted  an  annuity  by  reason  of  injury,  disability  or 
disease,  the  board  of  trustees  shall  have  the  right  at  any  time  to 
cause  such  teacher  again  to  be  brought  before  such  board  and  ex- 
amined by  its  physician,  and  also  to  examine  other  witnesses,  for 
the  purpose  of  ascertaining  whether  said  injury,  disability  or  disease 
shall  continue,  and  whether  such  teacher  shall  remain  on  the  roll  as 
an  annuitant.  Such  teacher  shall  be  entitled  to  notice  and  to 
be  present  at  the  hearing  of  any  such  evidence;  shall  be  permitted 
to  propound  any  question  pertinent  or  relevant  to  such  matter,  and 
shall  also  have  the  right  to  introduce  evidence  upon  his  or  her  own 
behalf.  Such  teacher  and  all  witnesses  shall  be  examined  under  oath 
and  any  member  of  such  board  of  trustees  is  hereby  authorized  and 
empowered  to  administer  such  oath.  The  decision  of  such  board  of 
trustees  shall  be  final  and  conclusive,  and  no  appeal  shall  be  allowed 
therefrom,  nor  shall  the  same  be  reviewable  by  any  court  or  other 
authority;  provided,  however,  that  every  teacher  receiving  annuity 
shall  report  to  the  Superintendent  of  Public  Schools  of  such  city 
whenever  required  so  to  do.  And  said  superintendent  may  assign 
such  teacher  to  such  service  or  employment  as  may  be  within  his 
or  her  power  to  perform,  in  the  judgment  of  such  Superintendent  of 
Public  Schools  and  of  the  examining  physician  employed  by  the  said 
Board  of  Trustees.  And  during  the  time  of  such  employment  such 


KENTUCKY  SCHOOL  LAWS  1914.  113 

teacher  shall  receive  the  regular  salary  therefor,  which  shall  be 
credited  to  and  deducted  from  the  amount  payable  to  such  teacher 
from  said  annuity  fund.  And  should  any  teacher  who  is  receivinv  an 
annuity  recover  from  his  or  her  injury,  disease  or  disability,  and 
again  be  fit  for  regular  duty,  then  said  teacher  may  again  be  regular- 
ly employed,  and  during  the  time  of  such  employment,  he  or  she 
shall  cease  to  be  entitled  to  any  payment  out  of  said  annuity  fund 
because  of  the  injury,  disease  or  disability  on  account  of  which  such 
teacher  was  originally  retired. 

§  304. — Teacher  May  Retire  on  Length  of  Service  Without  Exami- 
nation— Any  teacher  applying  for  an  annuity  by  reason  of  length  of 
time  of  service  as  in  this  act  provided,  shall  be  granted  an  annuity 
and  retired  without  any  medical  examination,  nor  need  he  or  she  be 
under  any  physical  disability,  and  from  the  time  of  such  granting  of 
annuity  and  retirement  such  teacher  shall  not  be  required  to  render 
further  services  as  such  teacher,  nor  shall  he  or  she  be  deprived  of 
the  benefits  herein  provided,  except  for  any  cause  contained  in  Sec- 
tion 311  of  this  act. 

§  305. — Service  Before  Passage  of  Act  May  be  Counted — In  com- 
puting time  under  the  provisions  of  this  act,  such  time  shall  include 
services  rendered  before,  as  well  as  after,  the  taking  effect  of  this  act. 

§  306. — Trustees— Power  to  Make  Rules  and  By-Laws — The  board 
of  trustees  shall  have  power  and  authority  to  make  all  necessary  by- 
laws providing  for  the  manner  of  the  election  of  such  trustees,  to  be 
elected  as  in  this  act  provided,  the  counting  and  canvassing  of  the 
votes  for  the  same,  their  meetings,  for  the  collection  of  all  moneys 
and  other  property  coming  or  belonging  to  said  fund,  and  all  other 
matters  connected  with  the  care,  preservation  and  disbursement  of 
the  same,  and  the  proper  execution  of  the  purposes  and  provisions  of 
this  act.  And  any  annuity  authorized  by  the  board  under  this  law 
shall  be  subject  to  reduction  by  said  board  of  trustees  whenever  in  its 
judgment  the  condition  of  the  annuity  fund,  the  financial  or  other  con- 
ditions of  the  annuitant  or  any  other  circumstances  render  such  re- 
duction advisable,  proper  or  necessary,  and  any  annuity  so  reduced 
may  thereafter  be  restored  or  increased,  as  such  board  may  deem 
best. 

§  307. — Annuity  Fund— One-half  May  Be  Returned  If  Teacher 
Ceases  to  Teach — Any  teacher  who  shall  cease  to  teach  in  the  public 
schools  of  such  city  before  receiving  any  benefit  from  the  fund,  shall 
be  entitled  to  the  return  of  one-half  of  the  amount,  without  interest, 
which  shall  have  been  paid  into  said  annuity  fund  by  such  teacher; 
provided,  however,  should  such  teacher  thereafter  again  teach  in  the 
public  schools  of  such  city,  he  or  she  shall  refund  to  said  annuity  fund 
the  amount  so  returned  to  such  teacher  within  one  year  from  the 
date  of  his  or  her  return  to  service  in  the  schools.  And  should  any 
teacher  die  before  receiving  any  of  the  benefits  of  pensions  by  this 
act  provided,  the  board  of  trustees  shall  pay  to  such  teacher's  heirs 


114  PUBLIC   SCHOOLS  IN  CITIES  OF  FIRST  CLASS 

or  estate,  or  either  or  any  of  them,  as  it  shall  see  fit,  one-half  the 
amount,  without  interest,  which  shall  have  been  paid  into  said  an- 
nuity fund  by  said  teacher. 

§  308. — Annuities  to  be  Paid  by  Treasurer — Time  of  Payment — 
All  annuities  herein  provided  for  shall  be  paid  to  the  treasurer  of  the 
Board  of  Education  at  his  office  at  such  times  and  in  such  install- 
ments as  the  trustees  may  determine,  provided  that  not  less  than 
one-third  of  each  annuity  or  percentage  thereof  shall  be  paid  before 
December  15th,  and  the  balance  not  later  than  June  1st  of  each  scho- 
lastic year.  Provided,  further,  that  no  annuity  of  any  kind  whatso- 
ever provided  for  in  this  act  shall  be  payable  prior  to  October  1,  1915; 
but  simple  interest  at  six  per  cent,  per  annum  shall,  until  said  date, 
run  on  any  annuity  beginning  with  the  1st  of  June  of  the  scholastic 
year  in  which  the  right  thereto  may  accrue. 

.  §  309.— Annuities  Not  Subject  to  Process— All  annuities  granted 
and  payable  out  of  said  teachers'  annuity  fund  shall  be  and  are  ex- 
empt from  seizure  or  levy  upon  attachment,  execution,  supplemental 
process,  and  all  other  process,  whether  rnesne  or  final;  and  .such 
annuities  or  any  payment  of  the  same  shall  not  be  subject  to  sale,  as- 
signment or  transfer  by  any  beneficiary,  and  such  transfer  shall  be 
absolutely  void. 

§  310. — Annuity  Fund  May  be  Discontinued  for  Certain  Causes — 
Whenever  any  person  who  shall  have  received  any  benefit  from  said 
fund  shall  be  convicted  of  any  felony,  or  of  any  misdemeanor  or  for 
which  he  or  she  shall  be  adjudged  to  be  imprisoned,  or  shall  fail  to 
report  for  examination  for  duty  as  required  herein,  unless  excused  by 
the  board  of  trustees  of  such  city,  or  shall  disobey  the  requirements 
of  said  board  of  trustees  in  respect  to  said  examination  for  duty,  or 
shall  fail  to  perform  such  duty  as  may  be  required  of  him  or  her  if 
found  able  to  perform  such  duty,  then  such  board  shall  order  that  the 
annuity  allowed  and  paid  to  him  or  her  shall  cease,  until  the  further 
order  of  such  board. 

§  311. — Teacher — Definition  of  Term — The  term  teacher  as  used  in 
this  act  shall  mean  and  include  any  principal,  assistant  principal, 
supervisor,  assistant  supervisor,  person  in  charge  of  any  special  de- 
partment of  instruction,  and  any  teacher  or  instructor  regularly  em- 
ployed as  such  by  the  Board  of  Education  of  such  city. 

§  312.— Date  When  Annuity  May  be  Applied  For — Annuities  may 
be  applied  for  under  this  act  on  or  after  December  1,  1912,  by  any 
teacher  who,  after,  the  approval  of  this  act,  shall  be  in  the  employ 
of  said  Board  of  Education  and  be  entitled  to  an  annuity  under  the 
terms  of  this  act. 

§  313.— Repealing  Clause — The  general  school  laws  of  this  State, 
and  all  laws  and  parts  of  laws  applicable  to  the  general  system  of 
common  schools  in  a  city  of  the  first  class  and  not  inconsistent  here- 
with, shall  be  in  full  force  and  effect  in  such  city. 


KENTUCKY  SCHOOL  LAWS  1914.  115 

CHAPTER   XIX. 
PUBLIC  SCHOOLS  IN   CITIES  OF  THE  SECOND  CLASS. 

§  314.— Board  of  Education — Each  city  in  this  State  of  the  second 
class,  together  with  the  territory  now  within  its  limits,  or  which  may, 
in  the  future,  be  included  by  any  change  in  these  limits,  shall  be  and 
constitute  a  single  school  district,  and  the  supervision  and  govern- 
ment of  common  schools  and  common  school  property  therein  shall 
be  vested  in  a  board  of  five  trustees  to  be  called  and  known  as  the 

"Board  of  Education  of ,  Kentucky,"  (in  which 

title  the  name  of  such  city  shall  be  inserted.)  Such  Board  of  Educa- 
tion shall  be  a  body  corporate  and  shall  have  power,  by  and  in  said 
name,  to  sue  and  be  sued,  contract  and  be  contracted  with,  purchase, 
receive,  hold  and  sell  property,  do  all  things  necessary  to  accomplish 
the  purpose  for  the  attainment  of  which  such  school  district  is  organ- 
ized, and  succeed  to  all  the  property,  property  rights  and  privileges, 
of  whatever  kind  or  nature,  granted  and  belonging  to  any  previous 
corporation,  board  of  education  or  school  district  in  such  city,  or  of- 
ficers thereof,  authorized  or  empowered  by  any  enactment  of  the 
General  Assembly  of  the  State  to  do  anything  in  reference  to  public 
education.  Provided,  that  all  pending  suits  to  which  any  such  pre- 
vious corporation,  board  of  education  or  school  district  or  officer 
thereof,  is  a  party,  may  be  prosecuted  to  an  end  in  the  name  of  such 
party.  All  titles  to  property  previously  granted  to  such  city  by  the 
United  States,  or  this  State,  for  common  school  purposes,  and  the 
title  to  all  school  lands  and  other  property  of  every  kind,  shall  be 
vested  in  the  Board  of  Education  established  by  this  act. 

§  315. — Powers  and  Duties — Every  such  Board  of  Education  shall 
have  general  and  supervising  control,  government  and  management 
of  the  public  schools,  including  kindergartens,  night  and  normal 
schools  and  high  schools  as  hereinafter  provided,  and  public  school 
property  in  such  city,  with  the  right  to  use  said  property  to  promote 
public  education  in  such  ways  as  it  may  deem  necessary  and  proper; 
shall  exercise  generally  all  powers  in  the  administration  of  the  public 
school  system  therein,  appoint  such  officers,  agents  and  employes  as 
it  may  deem  necessary  and  proper  and  fix  their  compensation  and 
term  of  office;  shall  have  power  to  fix  the  time  of  its  meetings,  to 
make,  amend,  and  repeal  rules  and  by-laws  for  its  meetings  and  pro- 
ceedings, for  the  government,  regulations  and  management  of  the 
public  schools  and  school  property  in  such  city,  for  the  transaction  of 
its  business,  and  for  the  examination,  qualification  and  employment 
of  teachers,  which  rules  and  by-laws,  when  not  inconsistent  with  the 
general  law  of  the  State,  shall  be  binding  on  such  Board  of  Education 
and  all  parties  dealing  with  it  until  formally  repealed  by  an  affirma- 
tive vote  of  four  members  of  said  board,  to  provide  for  special  and 
standing  committees;  to  provide  for  the  appointment  of  a  medical  in- 
spector for  the  schools  and  to  take  such  other  steps  as  may  be  proper 


116          PUBLIC  SCHOOLS  IN  CITIES  OP  SECOND  CLASS 

and  necessary  to  secure  and  maintain  the  physical  welfare  of  the 
pupils  therein;  to  certify  to  the  General  Council  or  the  Board  of  Com- 
missioners the  amount  of  money  necessary  for  the  maintenance  and 
improvement  of  the  scholos  as  hereinafter  provided,  and  to  purchase 
and  hold  all  property,  real  and  personal,  deemed  by  it  necessary  for 
the  purposes  of  public  education,  or  for  the  investment  of  the  public 
school  funds,  to  build  and  construct  improvements  for  such  purposes, 
and  to  hold  or  sell  the  same. 

§  316.— Real  Estate— Power  to  Purchase  and  Condemn— It  shall 
also  have  power,  when  unable  to  contract  with  the  owner  of  any  real 
estate  necessary  to  the  proper  accomplishment  of  the  purpose  for 
which  said  Board  is  created,  to  institute  condemnation  proceedings  in 
accordance  with  the  law  governing  railroad  corporations  operated  or 
incorporated  under  the  existing  laws  of  this  Commonwealth,  or  under 
laws  which  may  hereafter  be  enacted;  and  to  have  in  such  proceed- 
ings the  same  rights,  powers,  privileges  and  restrictions,  as  are  now 
granted  to  or  conferred  upon  such  railroad  corporations.  Such  Board 
of  Education  shall  have  all  the  powers  of  other  school  districts  under 
the  laws  of  this  State,  except  as  herein  provided. 

§  317. — Qualification  of  Members — No  person  shall  be  eligible  to 
the  office  of  member  of  the  Board  of  Education  who  has  not  attained 
the  age  of  twenty-four  (24)  years,  and  who  is  not  a  citizen  of  the  Unit- 
ed States,  and  who  has  not  been  such  citizen  for  at  least  three  years 
preceding  his  election,  and  a  resident'  of  the  city  for  which  he  is 
elected,  or  who  holds  or  discharges  any  office,  deputyship  or  agency 
under  the  city  or  county  of  his  residence;  except  that  any  member  of 
said  Board,  or  any  existing  Board,  shall  be  eligible  for  re-election;  no 
person  shall  be  eligible  to  this  office  who  at  the  time  of  his  election 
is  directly  or  indirectly  interested  in  any  contract  with  or  claim 
against  said  Board,  or  who  is,  directly  or  indirectly,  interested  in  the 
sale  to  the  Board  of  books,  stationery  or  other  property.  If,  at  any 
time,  after  the  election  of  any  member  of  said  Board,  he  shall  become 
interested  in  any  such  contract  with  or  claim  against  said  Board,  or 
if  he  shall,  after  election,  become  a  candidate  for  any  office  or 
agency  or  for  the  nomination  thereto,  the  holding  and  the  discharg- 
ing of  the  duties  of  which  would  have  rendered  him  ineligible  before 
election,  or  if  he  shall  move  his  residence  from  the  city  for  which  he 
was  chosen,  or  if  he  shall  do  or  incur  anything  which  would  have  ren- 
dered him  ineligible  for  election,  his  office  shall  without  further  ac- 
tion be  vacant,  and  it  shall  be  filled  as  herein  directed.  Provided, 
That  no  member  of  said  Board  shall  vote  regarding  the  appointment 
or  employment  in  any  capacity  of  any  person  related  to  said  member 
as  father,  mother,  brother,  sister,  husband,  wife,  son  or  daughter, 
nor  shall  any  member  of  said  Board  hold  any  office  or  position  of 
emolument  under  appointment  of  said  Board. 


KENTUCKY  SCHOOL  LAWS  1914.  117 

§     318. — Oath  of  Office — Every  member  of  said  Board  shall,  before 
assuming  the  duties  of  his  office,  qualify  by  taking  the  following  oath 
which  shall  be  kept  on  record  in  such  Board: 
STATE  OF  KENTUCKY, 

COUNTY  OF 

,  being  duly  sworn,  says  that  he  is 

eligible  under  the  law  to  serve  as  a  member  of  the  Board  of  Edu- 
cation, and  that  he  will  not,  while  serving  as  a  member  of  such 
Board,  become  interested  directly  or  indirectly  in  any  contract 
with  or  claim  against  said  Board,  and  that  he  will  not  be  influ- 
enced during  his  term  of  office  by  any  consideration  except  that  of 
merit  of  fitness  in  the  appointment  of  officers  or  engagement  of 
employees,  and  that  he  will  support  the  Constitution  of  the  United 
States  and  of  this  State  and  faithfully  perform  the  duties  of  his 
office. 


Sworn  to  and  subscribed  before  me  this day  of. 


§  319. — Compensation — Manner  of  Election — No  compensation 
shall  be  paid  to  the  members  of  the  Board,  but  they  shall  be  exempt 
from  jury  duty  and  from  service  as  election  officers  during  their 
term  of  office. 

The  members  of  said  Board  of  Education  shall  be  elected  from  the 
city  at  large  for  the  term  of  four  years,  except  as  specified  in  sections 
320  and  321  of  this  act,  by  the  legal  voters  of  such  city.  They  shall  be 
elected  from  the  city  at  large  without  reference  to  wards  or  other 
territorial  sub-divisions,  and  such  election  shall  be  held  under  the 
provisions  of  the  general  laws  governing  city  elections,  so  far  as 
they  are  not  inconsistent  with  the  provisions  of  this  act. 

§  320. — Election  by  Secret  Ballot — Petition  to  Nominate — All 
elections  for  members  of  the  Board  of  Education  shall  be  by  secret 
ballot.  Said  ballot  shall  be  on  a  separate  sheet  from  all  other  bal- 
lots to  be  used  in  any  election.  It  shall  be  the  duty  of  the  County 
Clerk  of  any  county,  in  which  a  city  of  the  second  class  is  situated, 
to  cause  to  be  printed  on  said  ballot  the  names  of  all  candidates  for 
membership  of  the  Board  of  Education  of  such  city,  in  whose  behalf 
he  may  be  petitioned  so  to  do  in  writing,  by  not  less  than  one  hun- 
dred legal  voters  of  such  city.  The  petitions  must  be  filed  in  the  of- 
fice of  the  County  Clerk  not  more  than  sixty  and  not  less  than 
fifteen  days  before  the  day'  of  election,  and  each  petition  must  be 
signed  by  the  requisite  number  of  qualified  persons  and  shall  show 
the  place  of  residence  of  each  person  signing  it,  and  no  person  shall 
sign  more  petitions  than  the  number  of  offices  to  be  filed.  If  the 
nomination  is  to  fill  a  vacancy,  the  petition  shall  so  state.  When 
the  same  person  shall  be  nominated  for  a  full  term  and  to  fill  a  va- 
cancy, he  shall  be  accepted  as  a  candidate  for  the  full  term. 


118          PUBLIC  SCHOOLS  IN  CITIES  OF  SECOND  CLASS 

Said  ballot  shall  be  in  the  form  prescribed  for  ballots  by  the  gen- 
eral election  law  of  the  State,  except  that  no  party  emblem  or  other 
emblem  of  distinguishing  mark  shall  be  placed  upon  said  ballot, 
save  the  words  "SCHOOL  TICKET"  at  the  head  thereof;  and  that 
the  names  of  all  candidates  for  membership  in  the  Board  of  Educa- 
tion shall  be  printed  on  said  ballot  in  a  single  column.  The  names 
shall  be  printed  on  the  first  fifty  ballots  as  arranged  in  alphabetical 
list.  On  each  of  the  succeeding  fifty  ballots  the  names  shall  be 
printed  in  the  same  order,  save  that  the  last  name  on  the  preceding 
fifty  ballots  shall  be  shifted  to  the  first  place;  and  so  on  thereafter 
throughout,  a  like  change  being  made  in  the  printed  order  of  names 
for  every  fifty  ballots  and  such  ballots  shall  be  so  bound  that  in  the 
book  of  ballots  for  each  voting  precinct  each  candidate's  name  will 
appear  first  on  approximately  the  same  number  of  ballots  as  that  of 
every  other  candidate.  As  many  additional  lines  shall  be  left  blank 
as  there  are  members  to  be  elected. 

The  provisions  of  the  general  election  law  of  the  State  of  Ken- 
tucky as  to  the  duties  of  County  Clerks  and  other  public  officers 
in  the  matter  of  printing  and  distributing  ballots,  of  issuing  them 
to  voters,  of  receiving  and  depositing  them  in  the  ballot  boxes  and 
of  counting  and  preserving  them,  and  in  other  particulars  except 
as  otherwise  provided  herein,  shall  be  applicable  in  all  respects  to 
the  election  of  members  of  the  Board  of  Education:  Provided,  That 
it  shall  be  the  duty  of  the  sheriff  of  each  county  in  which  a  city  of 
the  second  class  is  situated,  to  provide  for  each  precinct  in  said 
city  a  separate  box  for  the  reception  of  the  ballots  used  in  the  elec- 
tion of  members  of  the  Board  of  Education.  And  provided,  further, 
That  it  Bhall  be  the  duty  of  the  judge  of  election  of  the  opposite 
political  faith  to  the  clerk  of  election  in  each  precinct  to  Issue  the 
school  ballots  in  the  same  manner  as  other  ballots  are  issued  by  the 
clerk  of  election,  by  writing  the  name  and  residence  of  the  voter 
upon  the  primary  stub,  and  his  registered  number  upon  the  secondary 
stub  of  the  school  ballot,  and  by  observing,  as  to  these  ballots, 
such  other  regulations  for  the  issue  and  deposit  of  ballots  as  may  be 
prescribed  for  election  generally.  It  shall  be  unlawful  for  aa  election 
officer  or  other  person  within  the  election  booth  to  tell  or  to  indicate 
by  word  of  mouth  or  otherwise  to  a  voter  what  may  be  the  political  af- 
filiations of  any  candidate,  and  a  violation  of  this  provision  shall  be 
a  misdemeanor  punishable  by  fine  not  exceeding  two  hundred  dol- 
lars. And  provided,  further,  That  upon  the  filing  with  the  county 
judge  of  the  county  wherein  a  city  of  the  second  class  is  situated 
of  a  petition  signed  by  a  number  of  legal  voters  equal  to  twenty  per 
cent,  or  more  of  the  total  number  of  votes  cast  in  said  city  at  the 
last  preceding  election  at  which  presidential  electors  were  voted  for, 
requesting  that  the  election  of  members  of  the  Board  of  Education 
in  said  city  be  held  on  a  day  other  than  the  day  for  holding  the  gen- 
eral election  therein,  said  County  Judge  shall  make  an  order  designat- 


KENTUCKY  SCHOOL  LAWS  1914.  119 

ing  some  day  for  the  election  of  members  of  the  Board  of  Education 
in  said  city,  which  day  shall  be  not  less  than  ninety  nor  more  than 
one  hundred  and  twenty  days  after  the  date  whereon  said  order 
shall  have  been  entered.  Whenever  such  order  shall  have  been  en- 
tered by  said  court,  the  day  so  designated  by  him  shall  thereafter 
continue,  unless  changed  by  order  of  court  as  herein  provided,  to  be 
the  day  for  the  holding  elections  for  members  of  the  Board  of  Educa- 
tion, and  all  the  provisions  of  this  act  and  of  the  general  law  regu- 
lating elections  in  this  Commonwealth,  when  not  otherwise  incon- 
sistent, shall  apply  to  and  govern  said  elections,  except  that  it  shall 
be  the  duty  of  the  clerk  of  said  election  to  issue  said  ballots  in  said 
separate  elections  in  the  same  manner  as  other  ballots  are  issued 
by  him  in  general  elections.  Said  petition  to  be  filed  with  the 
county  court,  as  aforesaid,  shall  be  filed  not  later  than  the  1st  day 
of  September  of  the  regular  year  or  years  for  holding  said  elections 
beginning  with  the  year  1912,  and  shall  show  the  place  of  residence 
of  each  person  signing  it,  and  the  order  of  the  County  Judge  in  refer- 
ence thereto  shall  be  entered  within  fifteen  days  after  the  filing  of 
same.  The  expense  of  holding  said  separate  elections,  if  orderd,  as 
aforesaid,  shall  be  paid  for  by  the  city  wherein  same  shall  be  held 
out  of  its  general  funds. 

§  321. — Number  of  Candidates  to  be  Voted  For — Each  voter  may 
vote  for  as  many  of  said  candidates  as  there  are  members  to  be 
elected,  by  making  a  cross  in  the  square  opposite  the  name  of  each 
candidate  for  whom  he  wishes  to  vote.  The  candidates,  in  number 
equal  to  the  number  of  members  to  be  chosen,  who  have  the  highest 
number  of  votes,  shall  be  declared  elected.  If  at  any  election  a  mem- 
ber is  to  be  chosen  to  fill  a  vacancy  and  to  serve  out  an  unexpired 
term,  candidates  may  be  chosen  as  above  provided,  but  they  shall,  in 
all  cases,  be  designated  on  the  ballot  as  candidates  to  fill  a  vacancy, 
and  the  date  of  the  unexpired  term  shall  be  stated. 

§  322. — Time  of  Election— At  the  election  occurring  in  the  month 
of  November,  1912,  or  on  such  date  as  may  be  fixed  in  1912  by  order 
of  the  County  Court  according  to  the  provisions  of  section  320  of  this 
act,  five  members  of  the  Board  of  Education  shall  be  elected  as 
herein  provided.  After  having  qualified  by  taking  the  oath  pre- 
scribed by  law,  they  shall  assume  office  on  the  first  Monday  in  Jan- 
uary, 1913,  and  shall  meet  at  the  office  of  the  present  Board  of  Edu- 
cation of  said  city  on  said  day,  and  shall  proceed  to  organize  by 
electing  one  of  their  number  President,  and  another  Vice-Presi- 
dent. Within  one  week  after  the  organization  of-  said  Board,  it 
shall  meet  to  divide  its  members  by  lot  in  such  manner  as  they 
shall  determine  into  two  classes,  as  follows:  The  first  class  con- 
sisting of  two  members  shall  hold  office  through  the  31st  day  of 
December,  1914;  the  second  class,  consisting  of  three  members,  shall 
hold  office  through  the  31st  day  of  December,  1916.  At  the  election 
of  1914,  and  at  each  regular  election  held  in  each  even  numbered 


120          PUBLIC  SCHOOLS  IN  CITIES  OF  SECOND  CLASS 

year  thereafter,  members  shall  be  elected  as  hereinbefore  provided 
to  take  the  place  of  those  whose  terms  will  next  expire,  and  the  mem- 
bers so  chosen  shall  hold  office  for  four  years,  or  until  their  succes- 
sors are  elected  and  qualified.  At  its  first  regular  meeting  after 
the  first  day  of  January  in  each  year  following  said  regular  elections, 
said  Board  of  Education  shall  organize  by  electing  one  of  its  mem- 
bers President  and  another  Vice-President.  The  Board  shall  hold 
meetings  regularly  at  least  once  a  month,  and  shall  keep  a  correct 
record  of  its  proceedings  in  a  book  provided  for  that  purpose,  which 
shall  be  a  public  record  open  to  inspection  by  any  officer  or  citizen 
of  the  city. 

§  323.— Members— Failure  to  Attend  Meetings  of  Board— Any 
member  failing  to  attend  the  meetings  of  the  Board  for  three  con- 
secutive regular  meetings,  unless  excused  by  the  Board  for  reasons 
satisfactory  to  the  Board,  shall  be  deemed  to  have  vacated  his  seat. 

§  324. — Vacancy — How  Filled — Any  vacancy  in  said  Board,  from 
whatever  cause  occurring,  shall  be  temporarily  filled  by  the  other 
members  of  the  Board  as  soon  as  practicable  after  such  vacancy  oc- 
curs. The  member  so  chosen  shall  hold  office  until  his  successor  is 
elected  and  qualified,  subject  to  the  provisions  of  section  152  of  the 
Constitution  of  Kentucky. 

§  325. — Old  Board  to  Surrender  Office — When  members  of  the 
Board  of  Education  shall  have  been  elected,  shall  have  qualified,  and 
shall  have  organized  as  hereinbefore  provided,  thereupon  it  shall  be- 
come the  duty  of  any  then  existing  corporations,  or  board  of  educa- 
tion, or  officers  of  the  school  district  of  such  city  to  surrender  their 
offices,  and  to  deliver  to  said  Board  of  Education,  or  to  its  officers, 
agents  or  employees,  all  the  public  school  property,  both  real  and  per- 
sonal, of  every  kind  whatsoever,  and  the  control  and  management  of 
the  public  school  affairs  of  such  city.  Provided,  That  until  such 
Board  of  Education  shall  be  organized,  the  administration  of  the 
public  schools  and  the  management  of  school  property  in  such  city 
shall  remain  in  the  control  of  any  such  existing  corporation,  board 
of  education  or  officers  of  the  school  district,  in  the  same  manner 
and  with  the  same  power  as  existed  prior  to  the  passage  of  this  act; 
and  the  Board  of  Education  elected  under  this  act  shall  continue, 
subject  to  removal  for  cause,  the  employment  and  service  of  any 
existing  officers,  teachers,  agents,  or  other  employees,  in  their  sev- 
eral capacities  in  connection  with  the  administration  of  school  af- 
fairs, until  the  close  of  the  term  for  which  they  have  been  elected; 
and  said  Board  of  Education  may  thereafter  retain  without  examina- 
tion, or  remove  any  agents,  teachers,  janitors,  engineers,  or  other 
employees  then  rendering  service  in  connection  with  the  public 
schools  of  said  city  for  cause  to  be  stated  in  writing. 

All  rules  and   by-laws  made  by  any  existing   corporation,   Board 
of  Education  or  officers  of  the  school  district,  at  such  time  vested 


KENTUCKY  SCHOOL  LAWS  1914.  121 

in  such  city  with  the  management  of  the  public  schools  shall  con- 
tinue in  force,  so  far  as  consistent  with  this  act,  until  repealed  or 
altered  by  such  Board  of  Education. 

§  326. — Rules  and  By-Laws  May  be  Adopted — It  shall  be  the  duty 
of  said  Board  of  Education,  within  sixty  days  after  its  organization, 
to  adopt  rules  and  by-iaws  for  its  meetings  and  proceedings,  and  for 
the  government,  regulations  and  management  of  the  schools  and 
school  property,  and  for  the  examination,  qualification  and  employ- 
ment of  teachers.  And  such  rules  or  by-laws  may  be  changed,  altered 
or  set  aside,  only  upon  an  affirmative  vote  of  four  (4)  members  of 
the  Board. 

§  327. — Superintendent — Power  to  Appoint — Qualifications — The 
Board  of  Education  shall  appoint  a  superintendent  of  schools,  whose 
term  of  office  shall  begin  on  July  1st,  following  his  appointment  and 
who  shall  serve  for  a  term  of  two  years,  but  whenever  a  superin- 
tendent who  shall  have  served  two  years  after  the  appointment  which 
is  to  be  made  under  this  law  shall  be  reappointed  to  succeed  himself, 
his  reappointment  shall  be  for  a  term  of  four  years.  He  may  be  re- 
moved by  three  (3)  members  of  the  Board  for  cause,  or  at  any  time 
by  (4)  members  of  the  Board  and  the  vacancy  thus  created  shall 
be  filled  by  the  Board  only  until  the  first  day  of  July  following,  when 
the  temporary  incumbent  or  some  other  person  shall  be  appointed 
for  a  first  term  of  two  years  as  hereinbefore  provided.  The  Board  of 
Education  may,  on  the  nomination  of  the  Superintendent  of  Schools, 
appoint  as  many  assistant  superintendents  as  it  may  deem  necessary, 
whose  compensation  shall  be  fixed  by  the  Board,  and  who  may  be 
removed  for  cause  by  the  Superintendent  with  the  approval  of  the 
Board. 

The  Superintendent  of  Schools  shall  qualify  by  taking  the  oath 
prescribed  by  law,  and  shall  have  general  supervision,  subject  to  trie 
control  c-f  the  Board,  of  the  course  of  instruction,  discipline  and  con- 
duct of  the  schools,  text  books  and  studies;  and  all  appointments, 
promotions  and  transfers  of  teachers  and  truant  officers,  and  intro- 
luction  and  changes  of  text  books  and  apparatus,  shall  be  made 
only  upon  the  recommendation  of  the  Superintendent  and  the  ap- 
proval of  the  Board.  The  Superintendent  shall  have  power  to  sus- 
pend any  teacher  or  truant  officer  for  cause  deemed  by  him  suffi- 
cient, and  the  Board  of  Education  shall  take  such  action  upon  the 
restoration  or  removal  of  such  person  as  it  may  deem  proper.  All  ap- 
pointments and  promotions  of  teachers  shall  be  made  upon  the  basis 
of  merit,  to  be  ascertained  as  far  as  practicable,  in  cases  of  appoint- 
ment, by  examination,  and  in  cases  of  promotion,  by  length  and  char- 
acter of  service.  Examination  for  appointment  shall  be  conducted  by 
the  Superintendent  in  accordance  with  the  State  law  for  the  certifi- 
cation of  teachers  and  under  such  other  regulations  as  may  be 
made  by  the  Board.  The  Superintendent  of  Schools  shall  devote 
himself  exclusively  to  the  duties  of  his  office,  and  shall  have  power 


122          PUBLIC  SCHOOLS  IN  CITIES  OF  SECOND  CLASS 

to  appoint  clerks,  whose  number  and  salary  shall  be  fixed  by  the 
Board,  and  shall  have  power  to  remove  the  same;  shall  exercise  a 
general  supervision  over  the  schools  of  the  city,  examine  their  con- 
ditions and  progress,  and  shall  keep  himself  informed  of  the  progress 
of  education  in  other  cities.  He  shall  advise  himself  of  the  need 
of  extension  of  the  school  system  of  the  city,  shall  make  report 
from  time  to  time  as  may  be  fixed  by  the  rules  or  directed  by  the 
Board,  and  shall  be  responsible  to  the  Board  for  the  condition  of  the 
instruction  and  discipline  of  the  schools.  The  term  "teachers"  as 
used  therein  shall  include  supervisors,  supervising  principals  and 
principals. 

§  328. — Business  Director — Powers  and  Duties. — The  Board  of 
Education  may  appoint  a  business  director  whose  term  of  office  shall 
begin  on  July  1st  following  his  appointment,  and  who  shall  serve 
for  a  term  of  one  year;  but  whenever  a  business  director  who  shall 
have  served  for  one  year  after  the  appointment  which  is  to  be  made 
under  this  law,  shall  be  re-appointed  to  succeed  himself,  his  re- 
appointment  shall  be  for  a  term  of  four  years.  He  may  be  removed 
for  cause  by  a  vote  of  three  members  of  the  Board,  or  at  any  time 
by  a  vote  of  four  members  of  the  Board.  His  compensation  shall 
not  be  changed  during  the  term  for  which  he  is  elected.  The  Busi- 
ness Director  shall  qualify  by  taking  the  prescribe^,  oath,  and  shall 
be  the  executive  officer  of  the  Board.  He  shall  execute  for  the 
Board  of  Education,  in  the  name  of  the  Board,  its  contracts  and 
obligations,  except  that  bonds  issued  shall  be  signed  by  the  Presi- 
dent of  the  Board  and  attested  by  the  Business  Director;  he  shall 
see  that  all  contracts  made  by  or  with  said  Board  are  fully  and 
faithfully  performed;  he  shall  have  the  care  and  custody  of  all 
property  of  the  Board  of  Education,  real  and  personal,  except 
moneys;  he  shall  oversee  the  construction  of  buildings  in  process  of 
erection  and  repairs  of  buildings  owned  or  controlled  by  the  Board; 
shall  advertise  for  bids,  and  shall  purchase  all  supplies  and  equip- 
ments authorized  by  the  Board;  and  generally,  shall  execute  and 
carry  into  effect  all  matters  and  things,  authority  for  which  shall 
have  been  granted  by  the  Board,  as  herein  provided. 

§  329. — Business  Director — Salary— -Bond — The  Business  Director 
shall  devote  his  entire  time  to  the  duties  of  his  office,  and  shall  re- 
ceive an  annual  salary  to  be  fixed  by  the  Board  and  payable  month- 
ly out  of  the  school  fund  of  the  city.  Before  entering  upon  the  dis- 
charge of  the  duties  of  his  office  he  shall  give  a  bond  for  the  faith- 
ful performance  thereof  in  a  sum  to  be  fixed  by  the  Board,  with  a 
bonding  company  as  surety,  to  be  approved  by  the  Board,  which 
bond  shall  be  paid  for  by  the  Board  and  deposited  with  the  Treas- 
urer within  ten  days  from  date  of  election,  to  be  preserved  by  him. 

§  330.— Employees— To  Be  Employed  by  Business  Director— Sub- 
ject to  the  approval  of  the  Board  of  Education  as  to  the  number  and 
salaries,  the  Business  Director  shall  have  power  to  appoint  such 


KENTUCKY  SCHOOL  LAWS  1914.  123 

engineers,  janitors  and  other  employees  and  agents,  as  may  be  nec- 
essary for  the  proper  performance  of  the  duties  of  his  department, 
for  whom  he  shall  be  responsible,  and  whom  he  shall  have  power 
to  remove.  He  shall  appoint  such  assistants  and  deputies  as  may  be 
authorized  by  the  Board  of  Education,  whose  compensation  shall  be 
fixed  by  the  Board.  Such  assistants  and  deputies  shall  be  subject 
to  removal  by  the  Business  Director,  who  shall  be  responsible  for 
the  proper  performance  of  their  duties.  He  shall  perform  such  other 
duties  as  may  be  required  of  him  by  the  Board. 

§  331. — Contracts  for  Buildings — Bids  to  be  Received. — All  con- 
tracts for  the  erection  of  school  buildings  and  additions  thereto 
shall  be  made  by  said  Board  of  Education,  after  public  letting,  to 
the  lowest  and  best  responsible  bidder  complying  with  the  terms 
of  the  letting,  but  it  may  reject  all  bids.  The  necessary  specifications 
and  drawings  shall  be  prepared  for  all  such  work,  and  bids  therefor 
shall  be  solicited  by  such  advertisement  as  the  B'oard  of  Education 
may  provide.  AH  work  of  repairs,  alterations  and  construction, 
other  than  said  original  erections  and  additions,  in  and  upon  school 
buildings  and  the  grounds  adjacent  thereto,  shall  be  done  directly 
by  the  Business  Director,  subject  to  the  approval  and  control  of  the 
Board,  and  whenever  directed  to  do  so  by  said  Board,  he  shall  solicit 
bids  and  prepare  or  secure  drawings  and  specifications  therefor. 

No  bids  shall  be  entertained  by  the  Business  Director  which  are 
not  made  in  accordance  with  the  specifications  furnished  by  him,  and 
all  contracts  shall  be  let  to  the  lowest  and  best  responsible  bidder 
complying  with  the  terms  of  the  letting:  Provided,  however,  that 
the  said  Business  Director  shall  have  the  right  to  reject  any  and  all 
bids. 

§  332. — Supplies— Contract  to  be  Awarded  Lowest  Bidder. — The 
Board  of  Education  shall,  at  or  prior  to  the  beginning  of  each  fiscal 
year,  cause  advertisements  to  be  made  under  such  regulations  as  it 
may  provide,  for  proposals  for  furnishing  the  supplies,  required  in 
the  schools  and  by  the  Board  for  the  ensuing  year;  and  every  con- 
tract therefor  shall  be  awarded  to  the  lowest  and  best  responsible 
bidder  complying  with  the  terms  of  the  letting:  Provided,  however, 
that  said  Board  shall  have  the  right  to  reject  any  and  all  bids.  If 
other  supplies  are  required  during  the  year,  they  shall  be  furnished 
under  contract  awarded  in  like  manner;  but  the  Board  may  author- 
ize the  purchase  of  supplies  not  exceeding  fifty  dollars  in  amount 
without  letting  a  contract.  The  Board  shall  make  distribution  of  sup- 
plies through  such  agencies  and  in  such  manner  as  it  deems  proper, 
and  the  B'oard  may  contract  for  text-books  or  school  apparatus  for 
such  term  of  years  as  it  deems  proper,  provided  this  term  does  not 
exceed  four  years. 

§  333. — Business  Director  to  Act  as  Secretary — Custodian  of  Funds. 
—The  Business  Director  shall  also  act  as  Secretary  of  the  Board,  and 
as  such,  he  shall,  subject  to  the  control  of  the  Board,  inspect  regular- 


124          PUBLIC  SCHOOLS  IN  CITIES  OF  SECOND  CLASS 

ly  the  fiscal  affairs  of  the  public  schools  of  the  city,  and  shall  have 
charge  of  the  collection  and  payment  of  funds  to  the  bank  or  trust 
company  selected  as  the  Treasurer  of  the  Board,  and  the  disburse- 
ment of  all  revenues  and  moneys  belonging  to  the  Board.  He  shall 
have  supervision  under  the  direction  of  the  Board,  of  any  permanent 
school  fund  of  the  city,  and  the  investment  thereof,  and  all  invested 
property  of  the  Board.  He  shall  record  the  proceedings  of  the  Board 
in  such  manner  as  may  be-directed  by  the  Board  and  shall  deposit 
daily  in  the  designated  depository  of  the  Board  all  money  collected 
or  received  by  him  for  the  Board.  He  shall  furnish,  at  ftie  beginning 
of  each  month,  a  statement  of  receipts  and  disbursements  of  the  pre- 
ceding month;  and  at  the  end  of  the  fiscal  year  he  shall  make  to  the 
Board  a  full  and  comprehensive  report  of  its  financial  affairs  for  the 
preceding  year.  He  shall  be  the  custodian  of  all  securities,  documents, 
title  papers,  books  of  record  and  other  papers  belonging  to  the  Board, 
tinder  such  conditions  as  the  Board  may  direct.  It  shall  be  his  duty 
to  see  that  no  liability  is  incurred  or  expenditure  made  without  due 
authority  of  law,  and  that  appropriations  are  not  overdrawn,  and  that 
all  expenditures  are  charged  to  the  appropriations  from  which  they 
should  come. 

§  334.— Funds  to  be  Deposited  under  Contract — The  Board  of  Edu- 
cation shall,  in  the  month  of  June  of  each  year,  advertise  for  bids 
from  the  banks  and  trust  companies  in  such  city  to  act  as  Treasurer 
and  receive  the  current  deposits  of  such  Board,  to  be  secured  by 
bonds  with  surety  to  be  approved  by  the  Board,  in  an  amount  to  be 
fixed  by  the  Board.  Said  bids  shall  specify  the  rate  of  interest  to  be 
allowed  to  said  Board  on  such  deposits,  the  term  on  which  such  de- 
posits will  be  received,  and  the  nature  of  the  security  offered;  and 
such  deposits  shall  be  annually  awarded  to  the  bank  or  trust  com- 
pany that  offers,  with  the  required  security,  the  highest  rate  of  inter- 
est and  the  best  terms  therefor;  and  the  Board  shall  cause  contracts 
for  the  ensuing  year  to  be  made  with  such  bank  or  trust  company  so 
receiving  the  awarfl  of  such  deposits.  All  moneys  due  the  Board,  from 
any  source  whatsoever,  shall  be  paid  to  the  Secretary,  who  shall 
thereupon  cause  all  funds  received  to  be  paid  into  such  designated 
depository.  The  fiscal  year  of  the  board  shall  end  on  the  30th  day  of 
June  of  each  year,  and  the  annual  contract  shall  be  made  in  the 
month  of  June  of  each  year  for  the  deposits  of  the  succeeding  fiscal 
y|ear. 

§  335. — Funds — How  Expended — The  funds  of  the  Board  deposited 
in  bank  shall  be  withdrawn  only  on  the  order  of  the  Board  evidenced 
by  the  check  of  its  Business  Director,  countersigned  by  the  President 
of  the  Board,  or,  in  his  absence  or  disability,  by  the  Vice-president. 

§  336. — Revenues— Apportionment. — It  shall  be  the  duty  of  such 
Board  of  Education  at  the  beginning  of  each  fiscal  year,  to  apportion 
the  revenue  available  for  that  year  to  the  different  departments,  for 
expenditure  in  support  of  the  schools  for  that  year,  and  no  report  or 
resolution  shall  be  adopted  by  the  Board  calling  for  the  expenditure  of. 


KENTUCKY  SCHOOL  LAWS  1914.  125 

money  unless  it  states  specifically  the  fund  from  which  the  appropri- 
ation is  to  be  made,  and  is  accompanied  by  the  certificate  of  the 
Business  Director  and  that  there  is  a  balance  in  such  fund  available 
for  such  expenditure. 

§  337. — Power  to  Borrow  Money. — The  Board  of  Education  shall 
have  the  power  to  borrow  money  on  the  credit  of  the  Board  in  antici- 
pation of  the  revenue  from  school  taxes  for  the  fiscal  half  year  in 
which  the  same  is  borrowed  and  pledge  said  school  taxes  for  the 
payment  of  the  principal  and  interest  of  said  loan:  Provided,  That 
the  interest  paid  shall  in  no  case  exceed  six  per  cent  per  annum  and 
the  principal  shall  in  no  case  exceed  fifty  per  cent  of  the  anticipated 
revenue  for  the  fiscal  half  year  in  which  the  same  is  borrowed. 

§  338. — Estimate  of  Expenses — Levy  of  Taxes. — To  raise  money 
for  the  maintenance  of  the  schools  the  General  Council  or  Board  of 
Commissioners  shall  annually  cause  to  be  levied  and  collected  as  the 
Board  of  Education  may  request  as  hereinafter  provided,  a  tax  of  not 
less  than  thirty  (30)  cents  on  each  one  hundred  ($100.00)  dollars 
worth  of  property  assessed  for  taxation  for  city  purposes.  It  shall 
be  the  duty  of  the  Board  of  Education  annually  to  make  a  careful 
estimate  of  the  probable  amount  of  money  necessary  for  conducting 
the  schools  and  the  business  entrusted  to  the  Board  during  the  cur- 
rent fiscal  year,  and  it  shall,  prior  to  the  first  day  of  December,  cer- 
tify said  amount  to  the  General  Council  or  Board  of  Commissioners 
with  the  request  that  a  tax  for  schools  sufficient  to  realize  for  said 
Board  the  amount  aforesaid  shall  be  levied  on  each  one  hundred 
($100.00)  dollars  worth  of  property  assessed  for  taxation  for  city  pur- 
poses, and  that  said  levy  shall  be  included  in  the  annual  ordinance  for 
said  year.  If,  in  any  year,  the  amount  so  certified  and  requested,  shall 
represent  a  tax  rate,  as  based  upon  the  total  assessment  of  taxable 
property  for  said  year,  greater  than  forty  cents  for  maintenance  pur- 
poses, the  General  Council  may  fix  the  levy  for  schools  at  forty  cents 
and  disregard  the  excess.  If,  in  any  year,  the  Board  shall  fail  to 
make  the  certificate  and  request  as  aforesaid,  the  General  Council  or 
Board  of  Commissioners  shall  make  a  levy  for  schools  that  shall  be 
the  same  as  it  was  the  year  before. 

§  339. — Treasurer  t,o  Collect  Taxes  and  Pay  Over  to  Board — Upon 
the  completion  of  the  assessment  of  property  for  taxation,  the  amount 
levied  as  above,  shall  annually  be  passed  to  the  credit  of  the  school 
fund  upon  the  books  of  the  city,  and  the  said  amount,  as  collected, 
shall  be  paid  over  to  the  Board  by  the  Treasurer  of  the  city  in  regular 
weekly  installments,  the  first  payment  to  be  made  within  one  week 
after  the  collection  of  said  amount  shall  have  been  commenced  and 
the  other  payments  to  be  made  weekly  thereafter,  in  current  money 
by  the  said  Treasurer  as  collected. 

§  340. — Power  to  Purchase  Site — Improvement  Bonds  to  be  Voted. 
—Whenever  the  Board  of  Education  shall  deem  it  necessary  for  the 
proper  accommodation  of  the  schools  of  such  city  to  purchase  a  site 


126          PUBLIC  SCHOOLS  IN  CITIES  OF  SECOND  CLASS 

or  sites  to  erect  school  houses  for  the  high  schools  or  for  the  other 
schools,  or  for  any  or  all  these  purposes,  and  the  annual  funds  raised 
from  other  sources  are  not  sufficient  to  accomplish  said  purpose  or 
purposes  and  a  bond  issue  is  necessary,  said  Board  shall  make  a  care- 
ful estimate  of  the  probable  amount  of  money  required  for  such  pur- 
pose or  purposes  and  it  shall  certify  to  the  General  Council  or  Board 
of  Commissioners  of  said  city  the  fact  that  an  election  for  an  issue 
of  bonds  for  school  improvement  shall  be  held,  together  with  the 
amount  of  money  for  which  bonds  shall  be  issued  and  the  purpose  or 
purposes  to  which  the  proceeds  thereof  shall  be  applied.  It  shall 
thereupon  be  the  duty  of  the  General  Council  or  Board  of  Commis- 
sioners to  adopt  an  ordinance  submitting  to  the  qualified  voters  of  the 
city  at  the  next  regular  municipal  election  the  question  whether  bonds 
of  the  city  shall  be  issued  for  the  purpose  or  purposes  aforesaid.  The 
bonds  so  issued  shall  be  designated  as  "SCHOOL  IMPROVEMENT 
BONDS"  and  the  ordinance  shall  provide  the  date  and  maturity  of 
such  bonds,  the  rate  of  interest  they  shall  bear,  and  the  total  amount 
to  be  issued;  and  the  ordinance  shall  also  contain  the  necessary  de- 
tails in  reference  to  the  execution  and  delivery  of  said  bonds,  their 
denominations,  coupons  to  be  annexed,  tax  to  be  levied  to  pay  the 
interest,  and  a  sinking  fund  to  retire  such  bonds  at  maturity. 

No  submission  of  the  question  of  issuing  bonds  hereunder  shall 
be  had  prior  to  the  regular  municipal  election  in  November,  1913,  and 
the  total  outstanding  issue  of  bonds  for  school  purposes  including 
bonds  already  issued,  shall  never  exceed  two  hundred  and  fifty  thou- 
sand dollars.  The  question  to  be  submitted  shall  be  so  framed  that 
the  voter  may,  by  his  vote,  answer  For  or  Against. 

If  the  voters  of  the  city  shall  determine  by  a  two-thirds  majority 
of  those  voting  that  such  bonds  shall  be  issued,  they  shall  when  so 
issued,  be  placed  under  the  control  of  the  Board  of  Education,  who 
shall  determine  when  and  at  what  price  and  how  they  shall  be  sold; 
Provided,  That  no  such  bonds  shall  be  sold  for  less  than  par;  and 
provided  further,  that  any  premium  which  may  be  obtained  from  said 
bonds  shall  constitute  a  part  of  the  sinking  fund  for  their  ultimate 
retirement.  As  the  bonds  are  sold  their  proceeds  shall  be  placed  to 
the  credit  of  the  Board  in  the  same  depository  which  is  selected  for 
its  other  funds,  but  shall  be  kept  in  a  separate  account  and  shall  be 
used  only  for  the  purposes  for  which  the  bonds  were  issued. 

It  shall  be  the  duty  of  the  General  Council  or  of  the  Board  of 
Commissioners,  in  addition  to  the  levy  made  for  the  maintenance  of 
the  schools  as  hereinbefore  provided,  to  levy  annually  in  its  tax 
levy  a  rate  that  will  raise  a  sum  that  shall  be  sufficient  to  pay  the 
interest  and  create  a  sinking  fund  for  the  payment  of  the  bonds  at 
maturity.  The  said  bonds,  principal  and  interest,  shall  be  a  charge 
upon  the  sinking  fund  of  said  city,  and  it  shall  be  entitled  to  have  the 
annual  tax  that  shall  be  levied  as  aforesaid. 


KENTUCKY  SCHOOL  LAWS  1914.  127 

§  341. — Funds  for  Maintenance  of  Schools. — For  the  maintenance 
of  the  schools  there  shall  be  appropriated  the  sum  or  sums  which  may 
be  received  from  year  to  year  as  the  city's  portion  of  the  school  fund 
of  this  Commonwealth. 

§  342. — Escheated  Lands.— So  much  property  in  the  city,  as,  from 
any  cause  shall  escheat  to  the  Commonwealth  of  Kentucky,  shall  vest 
in  the  Board  for  the  use  and  benefit  of  the  public  schools  of  the  city. 
Said  Board  may,  in  the  name  of  the  Commonwealth,  for  the  use  and 
benefit  of  the  said  schools,  by  its  President  or  other  officer  to  be 
designated  by  it,  enter  upon  and  take  possession  of  said  property,  or 
sue  for  and  recover  the  same  by  action  at  law  or  in  equity,  and  with- 
out office  found.  The  Board  may  sell  and  convey  any  of  such  prop- 
erty by  warranty  deed  or  otherwise. 

§  343.^Duty  of  Officers  as  to  Collection  of  Taxes — All  officers  of 
any  city  of  the  second  class,  and  of  the  State,  concerned  with  the 
assessment  and  collection  of  taxes,  fines  and  penalties,  shall  perform 
such  duties  in  relation  to  the  levying  and  collection  of  school  taxes 
and  the  collection  of  such  fines  and  penalties,  and  the  payment  there- 
of to  said  Board  for  school  purposes,  as  are  now  imposed  by  the  exist- 
ing laws  upon  such  officers  in  relation  to  the  levy  and  collection  of 
school  taxes  and  the  collection  of  fines  and  pendlties  payable  t-j  the 
school  funds;  and  nothing  in  this  Act,  unless  inconsistent  therewith, 
shall  be  construed  as  repealing  any  existing  law  providing  for  the 
assessment  and  collection  of  school  taxes  in  such  city;  and  all  powers 
and  duties  conferred  by  existing  laws  upon  any  Board  in  relation 
thereto  shall  be  continued  in  the  Board  created  by  this  act. 

§  344. — Expert  Accountant  to  be  Employed. — At  the  close  of  each 
fiscal  year  of  said  Board,  the  Board  of  Commissioners  or  the  Gen- 
eral Council  of  such  city  shall  appoint  one  or  more  expert  account- 
ants, who  shall  examine  the  books,  accounts  and  vouchers  of  the 
Business  Director  and  Secretary,  the  Treasurer  and  all  other  depart- 
ments of  expenditures  of  the  Board,  and  shall  make  due  report  there- 
of to  the  Mayor  and  Board  of  'Education  of  such  city.  All  the  officers 
and  employees  of  the  Board  shall  produce  and  submit  to  such  account- 
ants for  examination  all  books,  papers,  documents,  vouchers  and  ac- 
counts in  their  office  belonging  to  the  same  or  thereto  pertaining, 
and  shall  in  every  way  assist  said  accountants  in  their  work.  In  the 
report  to  be  made  by  said  accountants  they  may  make  any  recom- 
mendation they  deem  proper  as  to  the  business  methods  of  such  offi- 
cers and  employees.  A  reasonable  compensation  for  such  services 
shall  be  paid  by  the  Board. 

§  345. — Kindergartens — Power  to  Establish.— The  Board  of  Edu- 
cation shall  have  power  to  establish  and  maintain  kindergartens  for 
children  from  four  to  six  years  of  age,  high  schools,  night  schools  for 
all  residents  of  the  city,  and  normal  training  classes  for  the  purpose 
of  training  teachers  to  fill  positions  in  the  schools  of  the  city,  and  to 


128          PUBLIC  SCHOOLS  IN  CITIES  OF  SECOND  CLASS 

this  end  it  may  prescribe  rules  and  regulations  for  the  government  of 
such  schools  and  employ  the  principals  and  other  teachers  necessary 
for  their  efficient  management. 

§  346. — Schools  for  Colored  Children — The  Board  of  Education 
shall  provide,  maintain  and  support  separate  schools  wherein  all 
colored  children,  who  are  bona  fide  residents  of  said  city,  between  the 
ages  of  six  and  twenty  years,  may  be  taught  in  like  manner  as  herein 
provided  for  white  children.  Said  colored  schools  shall  be  entitled  to 
the  same  'benefits,  be  governed  by  the  same  rules  and  regulations, 
and  be  subject  to  the  same  restrictions  as  the  schools  h'erein  provid- 
ed for  the  white  children. 

§  347. — Examination  of  Teachers — The  Board  shall  prescribe  the 
necessary  qualifications  and  mode  of  examination  for  applicants  for 
admission  to  the  various  schools. 

The  said  Board  shall  have  authority  to  make  rules  and  regulations 
under  which  the  Superintendent  may  furnish  text  books  and  other 
school  supplies  to  children  who  are  not  otherwise  able  to  obtain  them. 

§  348. — Religious  Dogmas — No  catechism  or  other  formula  of  re- 
ligious belief  shall  be  taught  or  inculcated,  nor  shall  any  class-book 
be  used  which  reflects  on  any  religious  denomination. 

§  349. — Pupils — Who  May  Attend— The  Board  shall  have  the 
power  to  admit  to  any  schools  pupils  from  beyond  the  city  limits  and 
to  collect  for  these  pupils  tuition  fees  for  the  benefit  of  the  school 
fund  of  the  city.  Children  or  persons  residing  outside  of  the  city 
Knits  shall  not  be  admtted  as  pupils  into  any  of  the  public  schools,  ex- 
cept upon  payment  of  such  tuition  as  the  Board  may  require  as  afore- 
said. 

§  350. — Reports  to  be  Made— A  city  of  the  second  class  being 
deemed  one  school  district  for  tax-ation  purposes  and  entitled  to  its 
proportion  of  the  public  school  fund  of  the  Commonwealth,  the  Board 
of  Education  of  such  city  shall  make  detailed  reports  annually  and 
special  reports  as  required  to  the  State  'Superintendent  of  Public  In- 
struction. The  Board  shall  also  in  the  year  1913,  and  every  third 
year  thereafter,  cause  to  be  taken  the  census  of  children  of  school 
age  and  make  returns  thereof  to  the  Superintendent  of  Public  In- 
struction, and  at  the  same  time  other  school  officers  are  required  to 
make  returns;  and  for  neglect  of  duty  the  members  of  the  Board 
shall  be  liable  to  the  same  penalties.  This  census  shall  be  taken 
under  regulations  approved  by  the  State  Board  of  Education. 

For  the  years  in  which  no  census  is  required  to  be  taken,  the 
Superintendent  of  Public  Instruction  shall  determine  the  amount  per 
capita  to  be  paid  over  to  the  Board  of  Education  of  such  cities,  by 
adding  annually  to  the  number  of  children  of  school  age  as  shown 
by  the  next  preceding  census  actually  taken,  such  increase  or  addi- 
tion as  he  may  ascertain  to  be  the  annual  increase  of  children  of 
school  age  in  the  district  upon  averaging  the  yearly  increase  shown 
by  the  three  actual  enumerations  next  preceding:  Provided,  however, 


KENTUCKY    SCHOOL   LAWS    1914.  129 

that  the  Board  of  Education  of  any  such  city  or  the  Superintendent 
of  Public  Instruction  may  elect  to  take  an  actual  census  in  any  of 
such  years,  in  which  case  the  return  of  such  census  shall  govern. 

§  3,51. — Report  to  be  Published. — The  Board  of  Education  shall,  at 
the  end  of  each  scholastic  year,  prepare  and  publish,  for  the  informa- 
tion of  the  public,  a  report  which  shall  include  the  annual  reports 
made  to  the  Board  by  the  Superintendent,  Business  Director  and  Sec- 
retary and  the  Treasurer,  together  with  such  other  information  as  may 
be  proper  and  necessary  to  an  understanding  of  the  general  condition 
and  educational  progress  of  the  schools  during  the  preceding  year. 

§  352. — Violations — Penalties. — Any  member,  officer,  or  employee 
of  such  Board  who  shall  wilfully  violate  any  of  the  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction,  shall 
be  punished  by  a  fine  of  not  more  than  five  hundred  dollars  or  im- 
prisonment not  exceeding  one  year,  or  by  both  fine  and  imprison- 
ment, in  the  discretion  of  the  jury. 

§  353. — Testimony  to  be  Under  Oath. — All  testimony  taken  upon 
any  investigation  made  by  the  Board  or  in  any  proceedings  before 
the  Board  for  the  removal  of  any  officer  or  employee  of  the  Board, 
or  in  any  investigation  made  by  any  committee  of  the  Board,  shall 
be  under  oath,  which  oath  may  be  administered  by  the  Secretary  or 
any  officer  authorized  to  administer  oaths. 

Said  Board,  or  any  duly  constituted  committee  thereof,  shall  have 
the  power  in  any  investigation  or  proceedings  before  it  concerning  a 
matter  which  may  be  a  proper  subject  of  inquiry  by  it,  to  summon 
witnesses  by  subpoena  and  to  enforce  the  compulsory  attendance  of 
said  witnesses.  Should  any  person  so  summoned  refuse  to  attend  or 
to  produce  a  paper  to  be  used  as  evidence  in  said  investigation,  or 
proceedings,  or,  being  present,  refuse  to  testify  concerning  any  mat- 
ter which  may  be  a  proper  subject  of  inquiry,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be  fined 
in  any  sum  not  less  than  ten  and  not  more  than  fifty  dollars. 

§  354. — Repealing  Clause. — The  general  school  laws  of  this  State 
and  all  laws  and  parts  of  laws  applicable  to  the  general  system  of 
public  schools  in  a  city  of  the  second  class  and  not  inconsistent  here- 
with, shall  be  in  full  force  and  effect  in  such  city. 

TEACHERS'    PENSIONS. 

(Act  of   1914.) 

§  354a.— Members  of  Board — How  Chosen. — The  general  care  and 
management  of  the  insurance  and  annuity  fund  of  the  public  school 
teachers  of  the  cities  of  the  second  class  shall  be  vested  in  the 
Treasurer  of  the  Board  of  Education,  or,  if  a  bank  be  the  treasurer, 
in  the  President  thereof,  the  Superintendent  of  the  Public  Schools, 
the  President  of  the  Board  of  Education,  and  four  members  of  the 
teaching  staff,  the  last  named  to  be  chosen  by  ballot  at  a  meeting  of 

S.  L.— 5 


130  PUBLIC  SCHOOLS  IN  CITIES  OP  SECOND  CLASS 

the  teachers  called  by  the  Superintendent  of  Public  Schools  on  the 
second  Saturday  of  May  in  each  year.  At  this  meeting  any  vacancy 
vacancy  in  the  membership  of  the  Board  of  Insurance  and  annuity, 
to  be  nlled  from  among  the  teachers,  shall  be  filled  by  ballot.  The 
length  of  service  of  the  four  members,  from  among  the  teachers 
chosen  at  the  first  election,  shall  be  determined  by  lot;  one  mem- 
ber shall  serve  for  four  years,  one  member  shall  serve  for  three 
years,  one  member  shall  serve  for  two  years,  and  the  remaining 
member  shall  serve  for  one  year,  and  thereafter  one  member  shall 
be  elected  each  year.  Said  board  shall  establish,  from  ume  to  time, 
such  rules  and  regulations  for  administration  of  said  fund  as  it  may 
deem  best,  and  said  board  shall  make  payments  from  the  said  fund 
of  annuities  granted  in  pursuance  of  this  act.  The  members  of  this 
board,  with  the  exception  of  the  treasurer,  shall  serve  without  re- 
muneration. 

The  Treasurer  of  the  Board  of  Education  of  the  city  of  the  second 
class  shall  receive  and  hold  all  moneys  belonging  to  said  funds,  and 
may  invest  the  same,  by  direction  of  said  Board  of  Insurance  and 
Annuity  in  national,  state,  county,  or  municipal  bonds,  or  bonds  ac- 
companied by  first  mortgages  on  improved  real  estate,  or  in  such 
investments  as  are  deemed  legal  for  insurance  companies  in  the 
State  of  Kentucky,  to  an  extent  not  to  exceed  fifty  per  cent  of  the 
value  thereof.  Said  Treasurer  shall  make  payments  from  said 
fund  only  when  directed  by  said  Board  of  Insurance  and  Annuity. 
Said  Treasurer  shall  report  in  detail  to  said  Beard  of  Insurance  and 
Annuity,  annually,  on  the  second  Saturday  of  May,  or  oftener  if 
required  by  said  Board,  the  condition  of  said  fund  and  the  items  of 
the  receipts  and  disbursements  of  the  same.  Said  Treasurer  shall 
give  bond  for  the  faithful  performance  of  his  duties  in  an  amount, 
and  in  such  manner  as  prescribed  by  the  Board  of  Insurance  and 
Annuity,  and  the  cost  of  such  bond  shall  be  defrayed  from  the  funds 
of  the  Board  of  Insurance  and  Annuity.  From  said  fund  shall  also 
be  paid  to  the  Treasurer,  annually,  an  amount  decided  upon  by  the 
Board  of  Insurance  and  Annuity,  as  remuneration  for  his  services. 

§  354b. — Sources  of  Fund — Beneficiaries. — The  Insurance  and 
Annuity  Fund  shall  consist  of  the  following,  with  interest,  income, 
and  profits  thereof: 

a.  The  sum  of  one  thousand    ($1,000)    dollars     or  more     yearly 
may  be  provided  by  the  Board  of  Education  of  a  city  of  the  second 
class,  out  of  funds  coming  to  its  hands  for  maintenance  of  schools. 

b.  A  fund  may  be  provided  by  the  Board  of  City  Commissioners 
which  shall  be  raised  by  a  yearly  levy  of  one  cent  on  every  hundred 
dollars's  worth  of  taxable  property  in  said  city. 

c.  After  the  Board  of  Education  of  a  city  of  the  second  class  has 
provided  for  the  payment  of  $1,000  yearly  or  more,  and  the  Board 
of  Commissioners  of  said  city  of  the  second  class  has  levied  a  tax 
of  one  cent  on  every  hundred  dollars' '  worth  of  taxable  property  of 


KENTUCKY    SCHOOL  LAWS    1914.  131 

such  city  for  the  maintenance  of  an  Insurance  and  Annuity  Fund 
for  the  teachers  in  the  public  schools  of  said  city;  then,  one  per 
centum  of  the  salaries  of  all  teachers  of  the  public  schools  of  such 
city  who  have  been  engaged  in  teaching  in  said  public  school  for  ten 
years  or  under,  and  two  per  centum  of  the  salaries  of  all  teachers 
who  have  been  engaged  in  teaching  more  than  ten  years,  shall  be 
withheld  and  added  to  the  fund,  provided  that  no  payment  shall 
exceed  forty  ($40)  dollars  per  annum.  The  Treasurer  of  the  Board  of 
Education  of  such  city,  shall  deduct,  monthly,  from  the  salary  of 
every  teacher  the  amount  provided  for  in  said  schedule,  which 
amount  shall  be  turned  monthly  into  said  Insurance  and  Annuity 
fund. 

After  the  passage  and  adoption  of  this  arct,  each  contract  made 
with  teachers  by  the  B'oard  of  Education  of  such  city  shall  specify 
that  the  sums  in  this  paragraph  provided  shall  be  deducted  from 
each  and  every  teacher's  salary.  Any  teacher  who  shall  retire,  or 
who  shall  be  retired  from  service  as  teacher,  and  who  shall  not  be 
in  receipt  of  or  entitled  to  an  annuity  under  this  act,  shall  have 
refunded  to  him  or  her  three-fourths  of  the  amount,  without  interest, 
which  he  or  she  has  contributed  to  the  Insurance  and  Annuity  Fund. 
If  such  teacher  shall  *  again  teach  in  public  schools  and  shall,, 
within  a  time  specified  by  the  Board  of  Insurance  and  Annuity,  repay 
to  said  fund  the  amount  so  returned  to  such  teacher,  together  with 
simple  interest  on  said  amount  (not  to  exceed  four  per  centum  per 
annum),  such  teacher  shall,  upon  returning  to  regular  school  work, 
receive  credit  for  past  years  of  service.  In  the  event  of  the  death 
of  any  teacher  entitled  to  the  provisions  of  this  act,  before  such 
teacher  has  been  retired  upon  an  annuity,  then,  and  in  that  case 
the  heirs  or  legatees  of  such  deceased  teacher  shall  be  entitled  to 
a  sum  out  of  said  fund  equal  to  three-fourths  the  sum,  without  in- 
terest, paid  by  such  teacher  into  said  fund. 

d.  Moneys  received  from  donations,  legacies,  bequests,  gifts,  de- 
vises,  or   otherwise   may   be   used   to   augment  this   fund,   and     the 
amount  or  amounts  so  received,  together  with  ten  per  centum  of  all 
other  receipts,  shall  constitute  a  sinking  fund  and  such  sinking  fund 
shall  be  and   remain  a   permanent  fund,  and   no   part  thereof  shall 
be  expended  except  the  interest  and  income  thereof  and  therefrom, 
provided   that   one-half  of  the   amount   added   to   such   sinking  fund 
may  be  used  during  the  year  immediately  following  its  addition,  if 
its  use  be  deemed  necessary  by  the  Board  of  Insurance  and  Annuity. 

e.  All  such  other  increment  as  may  be  duly  and  legally  devised 
for  the  increase  of  said  fund. 

§  354c.  a. — Medical  Examiners — Conditions  of  Retirement. — The 
Board  of  Insurance  and  Annuity  shall  annually  appoint  three  surgeons 
or  physicians  of  at  least  ten  years'  active  practice,  who  shall  be 
known  as  the  Board  of  Medical  Examiners,  who  shall  serve  without 


132  PUBLIC  SCHOOLS  IN  CITIES  OF  SECOND  CLASS 

pay,  and  who  shall,  upon  request  of  the  Board  of  Education  or  the 
Board  of  Insurance  and  Annuity,  make  examinations  and  report  their 
findings  in  writing  to  the  board  making  such  request. 

b.  On  recommendation  of  a  majority  vote  of  said  Board  of  Edu- 
cation, said  Board  of  Insurance  and  Annuity  shall  place  on  the  dis- 
ability list  any  teacher  of  the  public  schools  of  such  city  who  has 
been  engaged  in  the  work  of  teaching  for  a  period  aggregating  fif- 
teen years  in  the  public  schools  of  the  State  of  Kentucky,  the  last 
ten  years  of  which  shall  have  been  in  the  public  school  -of  the  city 
granting  the  annuity,  and  who  is   found  by  said  Board  of  Medical 
Examiners  to  be  mentally  and  physically  incapacitated  for  the  fur- 
ther performance   of  duty  as   a   teacher. 

c.  Any  teacher  of  the  public  schools  of  such  city  who  has  been 
engaged  in  teaching  in  the  public  schools  of  the  State  of  Kentucky 
for  a  period  aggregating   fifteen  years,   the   last  ten  of  which   shall 
have  been  in  the  public  schools  of  the  city  granting  the  annuity,  shall 
have  the  right  to  apply  to  the  Board  of  Insurance  and  Annuity  to 
be  placed  on  the      disability  list,   on  the  ground  that  he  or  she  is 
physically  or  mentally  incapacitated  for  further  performance  of  duty 
as  a  teacher.     Any  applicant  for  retirement  on  said  ground  of  dis- 
ability shall  submit  to  a  proper  examination  by  said  Board  of  Med- 
ical Examiners  before  his  or  her  application*  shall  be  considered. 

'  d.  Nothing  in  this  act  shall  be  construed  as  prohibiting  the  Board 
of  Insurance  and  Annuity,  by  a  majority  vote,  from  recommending  to 
the  B'oard  of  Education  that  the  disability  of  a  teacher  retired  under 
this  section  shall  be  ended.  Said  Board  of  Education  may,  on  the 
recommendation  of  said  Board  of  Insurance  and  Annuity,  declare 
ended  the  disability  of  a  teacher  retired  under  the  terms  of  this 
section,  and,  upon  its  delivery  to  said  teacher  of  a  contract  of  re- 
appointment  to  a  position  as  teacher,  the  payment  of  the  annuity  of 
such  teacher  under  this  disability  clause  shall  be  discontinued.  In 
no  case,  however,  shall  disability  provided  for  in  this  section  be 
declared  ended  or  finished  until  an  examination  of  such  teacher  has 
been  made  by  said  Board  of  Medical  Examiners. 

e.  The  provisions  of  this  section  shall  not  apply  to  ordinary  cases 
of  temporary  disability. 

f.  Upon  retirement  under  the   disability  act,   such  teacher  shall 
be  entitled  to  receive,  during  the  period  of  disability,  a  retirement 
annuity,   payable  in   monthly  installments,  which   shall  be  the  same 
fraction  of  the  maximum  retirement  annuity  as  said  teacher's  time 
of  service  is  of  thirty-five  years,  provided  that  application  for  such 
retirement  annuity  shall  be  made  not  later  than  two  years  after  the 
termination  of  the  last  month  of  employment.     The  payment  of  said 
annuity   shall   date   from   the   time   of  the   granting  thereof  by  said 
Board  of  Insurance  and  Annuity. 

§    354d.    a. — Amount  of  Annuity — Manner  of  Payment. — Upon  the 
recommendation  of  the  Board  of  Education,  the  Board  of  Insurance 


KENTUCKY   SCHOOL  LAWS   1914.  133 

and  Annuity  shall  place  on  the  retired  list  any  teacher  who  has 
taught  in  the  public  schools  for  a  period  aggregating  twenty-five 
years,  twenty  years  of  which  shall  have  been  in  the  public  schools 
of  the  State  of  Kentucky,  and  the  last  fifteen  years  in  the  public 
schools  of  the  city  wherein  said  teacher  is  employed  at  the  time  of 
retirement. 

b.  Any  teacher  of  the  public  schools  of  such  city  who  has  taught 
for  a  period  aggregating  not  less   than   twenty-five     years,     twenty 
years  of  which  shall  have  been  in  the  public  schools  of  the  State 
of  Kentucky  and  the  last  fifteen  years  in  the  public  schools  of  the 
city  granting  the  annuity,  shall  have  the  right,  upon  application  to 
the  Board  of  Insurance  and  Annuity,  to  be  placed  on  the  retired  list. 

c.  The   annuity   of  any  teacher  retired  under  the   provisions   of 
this  act,  after  twenty-five  years  of  employment,  shall  be  thirty  per 
centum  of  his  or  her  average  contractual  salary  for  the  last  five  years 
before  retirement,  and  two  per  centum  of  his  or  her  average  con- 
tractual salary  for  the  last  five  years  before  retirement  for  each  and 
every  year  of  employment  in  excess  of  twenty-five  years  provided, 
however,  that,  unless  otherwise  specified,  no  annuity  shall  be  more 
than  fifty  per  centum  of  a  teacher's  average  contractual  salary  for 
the  past  five  years  before  retirement,  and  provided,  further,  that  no 
annuities  granted  under  the  provisions  of  this  act  shall  be  more  than 
six  hundred    ($GOO)   dollars. 

d.  No  annuities  shall  be  paid,  under  the  provisions  of  this  act, 
unless  the  retiring  teacher  shall  have  first  paid  into  the  Insurance 
and  Annuity  Fund  such  sum  or  sums  as  shall  make  his  or  her  total 
payments  equal  to  the  amount  of  the  annuity  paid  for  the  first  year; 
but  should  such  retiring  teacher  be  unable  to  pay  the  full  amount 
of  said   sum   before   receiving  the   annuity,  the   Board   of  Insurance 
and  Annuity  shall,  in  paying  the  annuity  of  such  teacher,  withhold 
from  each   monthly  payment  twenty  per  centum  thereof  until     the 
full  amount   hereinbefore   provided   for  shall  have   been   contributed 
to  the  fund. 

e.  If  said   Insurance   and   Annuity   Fund   shall,   at   any   time,   be 
found  insufficient  to  carry  out  the  provisions  of  this  act,  the  amount 
in  said  fund  shall,  during  the  continuance  of  such  insufficiency,  be 
distributed,  pro  rata,  among  the  persons  entitled  thereto,  and  such 
distribution  shall  be  in  full  of  all  annuities  then  due. 

f.  Any  teacher  may  be  given  a  leave  of  absence  for  study,  pro- 
fessional improvement,  or  temporary  disability,  and  shall  be  regarded 
as  a  teacher  and   entitled  to  the  full  benefits  of  this  act,  provided 
that  the  payment  of  such  funds  shall  be  continued  during  said  leave 
of  absence  and  shall  equal  the  assessment  paid  by  such  teacher  for 
the   next  year  preceding  the   period  or   periods   of  absence,  respec- 
tively. 


134  PUBLIC  SCHOOLS  IN  CITIES  OF  THIRD  CLASS 

g.  In  computing  time,  under  the  provisions  of  this  act,  such  time 
shall  include  the  period  of  service  rendered  both  before  and  after 
the  taking  effect  of  this  act.  Credit  shall  be  given  for  time  spent  as 
a  regular  and  salaried  substitute  teacher. 

h.  The  payment  of  said  annuity  shall  be  suspended  whenever  the 
person  to  whom  said  annuity  has  been  granted  resumes  work  as  a 
regular  and  salaried  teacher  in  any  public  school. 

i.  Unless  otherwise  determined  by  each  respective  Board  of  In- 
surance and  Annuity  in  a  city  of  the  second  class  of  t^e  State  of 
Kentucky,  no  annuities  shall  be  paid  out  of  said  fund  for  the  first 
three  years  after  the  passage  and  adoption  of  this  act. 

§  354e. — The  Board  of  Insurance  and  Annuity  shall  have  power  to 
make  definite  by-laws  and  regulations  for  the  holding  of  meetings, 
the  collection  and  disbursement  of  money,  and  the  care  and  preser- 
vation of  the  same,  and  the  proper  execution  of  the  provisions  and 
purposes  of  this  act. 

§  354f.— Annuity  Not  Subject  to  Attachment. — All  annuities  granted 
and  payable  under  the  provisions  of  this  act  shall  be  and  are  exempt 
from  seizure  or  levy  upon  attachment,  execution,  or  any  other 
process  of  law,  or  in  equity,  whether  mesne  or  final ;  and  such  an- 
nuities or  any  payment  of  the  same  shall  not  be  subject  to  sale, 
assignment,  or  transfer  by  any  beneficiary,  and  such  transfer  shall 
be  absolutely  void. 

§  354g. — Definition  of  Terms — The  term  "teachers"  as  used  in  this 
act  shall  mean  and  include  any  superintendent,  assistant  superin- 
tendent, principal,  assistant  principal,  person  in  charge  of  any  spe- 
cial department  of  instruction,  and  any  teacher  or  instructor  regu- 
larly employed  in  the  public  schools  or  public  kindergartens  of  the 
cities  of  the  second  class  in  the  State  of  Kentucky. 

§  354h. — Definition  of  Terms. — The  term  "Board  of  Education,"  as 
used  in  this  act  shall  mean  the  bodies  now  in  control  and  manage- 
ment of  the  public  schools  of  all  cities  of  the  second  class  in  the 
State  of  Kentucky,  as  now  created  and  constituted,  or  as  they  may 
be  constituted  hereafter,  or  any  boards  or  bodies  of  officials  who 
shall  have  the  control  and  management  of  the  public  schools  of 
such  cities. 

§  354i. — When  Act  May  Be  Effective. — The  provisions  of  this  act 
shall  take  effect  and  be  in  force  in  any  city  of  the  second  class  of 
the  State  of  Kentucky  from  and  after  its  passage  and  approval  by 
the  Governor,  and  its  adoption  by  the  Board  of  Education,  and  by 
the  Board  of  City  Commissioners  of  said  city. 


CHAPTER    XX. 

PUBILIC   SCHOOLS    IN    CITIES   OF   THE   THIRD   CLASS. 
§    355. — Board     of     Education — Election — Qualification — Time      of 
Meeting.— There  shall  be  maintained  a  system  of  public  schools  at 
which  all  the  children  residing  in  the  city  between  the  ages  of  six 


KENTUCKY   SCHOOL,  LAWS   1914.  135 

and  twenty  years  may  be  taught  at  the  public  expense.  Said  schools 
shall  be  under  the  control  of  a  board  to  be  styled,  "The  Board  of 
Education,"  consisting  of  two  trustees  from  each  ward  in  the  city, 
to  be  elected  at  the  general  November  election  in  1893,  by  the  quali- 
fied voters  of  the  city  at  large.  The  trustees  so  elected  shall  hold 
their  offices  one-half  for  two  years  and  one-half  for  four  years,  as 
shall  be  determined  by  lot  at  the  first  regular  meeting  after  the 
election.  And  at  the  general  election,  every  two  years  thereafter, 
there  shall  be  elected  by  the  qualified  voters  of  the  city  at  large  one 
trustees  from  each  ward  in  the  city  in  which  the  term  of  his  pre- 
decessor in  office  will  then  expire.  Said  trustee  shall  possess  the 
same  qualifications  as  are  required  for  councilmen.  Said  board  of 
education  shall  continue,  and  it  is  hereby  declared,  a  body-politic 
and  corporate,  under  the  name  and  style  of  board  of  education,  with 
perpetual  succession,  and  by  that  name  may  contract  and  be  con- 
tracted with,  sue  and  be  sued,  have  and  use  a  corporate  seal,  the 
same  to  renew  or  alter  at  pleasure;  may  purchase,  receive,  hold, 
lease,  sell  and"  dispose  of  real  and  personal  estate  for  public  school 
purposes.  The  control  and  management  of  the  public  schools  of  the 
city,  and  the  property  and  funds  thereunto  belonging  shall  be,  and  is 
hereby,  vested  in  said  board,  subject  to  the  provisions  of  this  law. 
It  shall  have  power  to  make  by-laws  and  rules,  not  in  conflict  here- 
with, necessary  for  the  discharge  of  its  duties  and  the  government 
of  its  proceedings.  It  shall  meet  once  in  each  month,  or  oftener  if 
necessary,  and  a  majority  elect  of  said  board  shall  constitute  a 
quorum  for  the  transaction  of  business  and  for  the  appropriation  of 
money  or  the  execution  of  a  contract,  the  concurrence  of  two-thirds 
of  the  members  elect  of  said  boards  shall  be  indispensable,  and  the 
yeas  and  nays  shall  be  entered  of  record.  The  meetings  of  said 
board  shall  be  held  in  some  public  place  and  a  correct  record  of  its 
proceedings  shall  be  kept  in  a  book  provided  for  that  purpose,  which 
shall  be  a  public  record. 

§  356. — Members — Qualification — Vacancies. — Said  board  of  edu- 
cation shall  determine  the  qualification  of  its  members.  It  shall  have 
the  power  to  fill  until  the  next  general  election  all  vacancies  in  said 
board  occasioned  by  death,  removal  or  other  cause. 

§  357. — Funds — Vested  in  Board  of  Education. — All  property  now 
used  for  public  school  purposes  in  the  city,  or  which  may  at  any 
time  be  owned  by  the  board  of  education,  and  all  the  funds  or  means 
that  are  now  or  may  hereafter  come  under  the  control  of  the  same, 
are  hereby  forever  dedicated  to  the  use  of  public  schools  of  the  city, 
and  the  title  to  all  property,  real  and  personal,  in  the  city  known  and 
used  as  public  school  property,  is  hereby  vested  in  said  corpora- 
tion. 

§  358. — Appointment  of  Officers  and  Teachers — Power  to  Build 
and  Purchase  Site. — Said  Board  of  Education  shall  have  power  to 
elect  or  appoint  such  officers  as  may  be  necessary  for  its  own  gov- 


136  PUBLIC  SCHOOLS  IN  CITIES  OF  THIRD  CLASS 

ernment,  and  to  require  covenant  with  surety  from  any  or  all  officers 
for  the  faithful  discharge  of  their  duties;  to  make  by-laws  not  in 
conflict  with  this  charter,  the  Constitution  or  laws  of  this  State,  for 
the  carrying  out  of  the  duties  of  their  office,  and  for  the  government 
of  its  own  officers,  schools,  teachers,  pupils  and  employes;  to  deter- 
mine its  own  rules  of  proceedings,  and  to  appoint  superintendents, 
teachers  and  other  officers,  and  employes,  and  regulate  and  fix  their 
terms,  duties  and  compensation,  and  suspend  or  remove  them  or  any 
of  them  for  cau^e.  Said  board  may  purchase,  build  or  rent  any 
ground,  building  or  buildings,  necessary  or  convenient  for  the  public 
school  purposes,  and  may  make  contract  to  that  end;  and  any  prop- 
erty so  leased,  purchased  or  otherwise  occupied,  may  be  reserved 
by  terms,  deed  or  lease  to  the  public  schools  of  the  city,  and  if  so 
reserved,  shall  not  be  liable .  for  any  debt  or  debts  of  the  city  not 
incurred  for  public  school  purposes.  Said  board  may  also  receive 
and  hold,  for  public  school  purposes,  any  gift  or  devise. 

§  359.— The  said  board  of  education  shall  have  the  power,  two- 
thirds  of  the  trustees  in  office  concurring  therein,  to  be  evidenced 
upon  the  call  of  the  yeas  and  nays,  and  recorded  upon  the  journal 
or  its  proceedings,  to  sell  and  convey  such  of  said  school  property 
for  the  purpose  of  reinvesting  all.  the  net  proceeds  of  the  same  in 
the  purchase  of  other  lots,  and  building  thereon  other  school  build- 
ings. And  said  board  of  education  shall  have  no  power  to  divert  or 
apply  said  fund,  or  any  part  of  it,  to  any  other  purpose  whatsoever 
than  for  the  purchase  of  grounds  and  the  building  thereon  school 
buildings  for  public  school  purposes,  and  if  it  do  so,  the  same  shall 
be  malfeasance  in  office. 

§  3CO.— Text  Books— Adoption — Issue  of  Certificates.— Said  board 
of  education  shall  have  the  power  to  select  text  books  for  use  in 
said  school,  and  prescribe  the  course  of  study,  and  it  shall  also  have 
power  to  hold  examinations,  determine  the  qualifications  of  its  super- 
intendent, principals,  teachers,  and  issue  certificates  to  same.  It  may 
establish  high  schools  and  fix  the  grade  of  public  schools,  and  pre- 
scribe the  rules  by  which  pupils  may  pass  from  one  grade  to  another, 
and  from  the  graded  school  to  the  high  school.  It  may  also  establish 
and  maintain  kindergartens  and  manual  training  schools  in  connec- 
tion with  the  public  schools. 

§  361.— Reports.— Said  board  shall  at  the  end  of  each  scholastic 
year  prepare  and  cause  to  be  published  a  printed  statement  show- 
ing the  number  of  pupils  in  each  school,  with  the  general  condition 
and  educational  progress  made  therein,  the  amount,  character  and 
condition  of  all  funds  and  other  property  belonging  to  said  schools, 
together  with  such  information  as  may  be  proper  or  necessary  for 
the  benefit  of  said  schools  and  the  general  public. 

§  362. — Estimate  of  Expense — Levy  and  Collection  of  Taxes.— 
Said  board  shall,  within  thirty  days  prior  to  the  time  prescribed  for 
the  levy  to  be  made  in  the  charter  of  cities  of  the  third  class,  ap- 


KENTUCKY   SCHOOL  LAWS   1914.  137 

proximately  ascertain  the  amount  of  money  necessary  to  be  used  to 
defray  the  expenses  of  maintaining  the  schools,  improving  or  con- 
structing buildings,  etc.,  thereof,  and  any  liquidation  of  the  liabilities 
during  the  current  fiscal  year,  and  report  the  same,  together  with 
the  estimated  amount  to  be  received  from  the  common  school  fund 
of  the  State,  interest  on  bonds,  endowments,  etc.,  to  the  city  auditor 
or  clerk,  who  shall  thereupon  report  the  same  to  the  general  coun- 
cil, and  said  general  council  shall  make  the  necessary  levy  and  col- 
lect the  tax  to  provide  suitable  school  buildings,  and  to  defray  the 
general  expenses  necessary  for  school  purposes:  Provided,  That  the 
levy  for  any  one  year  shall  not  exceed  fifty  cents  on  each  one  hun- 
dred dollars  of  value  of  taxable  property  in  the  city  as  returned  by 
the  board  of  equalization.  Said  tax  shall  be  paid  to  the  board  or 
authorized  agent  of  same  as  fast  as  collected. 

§  363. — Separate  Schools  for  White  and  Colored  Pupils. — Said 
Board  of  Education  shall  provide  and  maintain,  out  of  the  funds 
levied  or  otherwise  provided  for  the  purpose,  suitable  buildings, 
teachers,  and  other  employes,  sufficient  for  the  education  of  all 
children  of  the  city  between  six  and  twenty  years  of  age,  and  shall 
provide  separate  buildings  and  schools  for  the  education  of  white  and 
black  pupils;  and  no  white  child  shall  be  allowed  to  attend  any  col- 
ored school,  nor  any  colored  child  shall  be  allowed  to  attend  any 
white  school. 

§  364. — Oath  of  Trustse. — The  trustees  shall,  before  entering 
upon  the  duties  of  their  office,  take  the  oath,  or  make  affirmation,  as 
prescribed  by  law. 

§  365. — Trustee — Qualification. — !No  member  of  the  Board  of  Edu- 
cation shall  be  or  become,  directly  or  indirectly,  interested  in  any 
contract,  agreement  or  trade,  touching  the  building  of  school  houses, 
repairing  of  school  property,  selection  of  text  books  or  other  thing, 
or  use  his  official  position  to  secure  the  patronage  of  the  teachers  nr 
employes  of  the  schools.  No  member  of  the  Board  of  Education  shall 
receive  any  salary  for  his  services  as  such. 

§  366. — Treasurer — Power — Duties. — Said  Board  of  Education 
shall  elect  its  own  treasurer  and  fix  bond  of  same,  who  shall  keep 
a  distinct  account  of  all  moneys  belonging  unto,  or  which  may  here- 
after be  dedicated  to,  or  set  apart  for,  public  schools,  and  shall  only 
pay  out  or  deliver  any  of  said  funds,  upon  the  warrant  of  the  board 
of  Education,  countersigned  by  the  Secretary,  and  approved  bv  the 
President  of  the  Board  of  Education,  and  shall  perform  such  other 
duties  as  may  be  prescribed  by  said  Board. 

§  367. — Power  over  Funds. — Said  Board  of  Education  shall  have 
exclusive  control  of  all  school  funds  of  the  city,  from  whatever 
source  the  same  may  be  derived,  including  the  pro  rata  of  the  city 
from  the  common  school  fund  of  the  State.  It  shall  have  the  right 
to  receive  all  fines,  forfeitures  and  taxes  that  may  inure  to  the  ben- 
efit of  the  public  schools  of  the  city.  It  shall  have  power  to  expend 


138          ,  PUBLIC  SCHOOLS  IN  CITIES  OF  THIRD  CLASS 

all  moneys  in  the  interest  of  public  schools  of  the  city,  and  the 
warrants  of  the  Board  of  Education,  countersigned  by  the  Secretary 
and  approved  by  the  President  of  the  Board,  shall  be  honored  by  the 
Treasurer  to  the  amount  of  the  school  funds  in  his  custody. 

§  368.— Indebtedness. — All  indebtedness,  bonded  or  otherwise,  and 
all  liabilities  and  contracts  of  the  school  moard,  existing  at  the 
time  this  law  takes  effect,  and  all  taxes,  funds,  sinking  funds,  or 
other  resources  that  have  been  pledged  or  set  apart  for  the  payment 
01  the  principal  and  interest  thereof,  shall  continue  unimpaired  and 
remain  of  the  same  force  and  effect  as  though  the  same  had  been 
authorized  and  contracted  by  the  express  provision  of  this  law. 

§  369.— Funds— Paid  on  Order  of  Board.— No  money  shall  be 
drawn  from  the  funds,  unless  the  same  shall  have  been  appropriated 
by  order  of  the  Board  of  Education,  and  no  appropriation  of  money 
shall  be  made  to  be  paid  out  of  said  school  funds,  unless  the  money 
shall  actually  be  in  the  treasury  to  meet  the  draft. 

§  370. — President  of  Board. — Said  Board  of  Education  shall  elect 
from  its  own  number  a  President,  for  the  term  of  two  years,  and 
may  prescribe  who  shall  preside  in  his  absence,  and  make  all  nec- 
essary rules,  prescribing  the  duties  of  the  presiding  officer  and  the 
government  of  itself;  and  said  Board  shall  also  elect  a  Secretary,  at 
a  salary  to  be  fixed  by  the  Board,  whose  duty  it  shall  be  to  keep  a 
record  of  the  proceedings  of  all  regular  and  special  meetings,  coun- 
tersign all  warrants  and  contracts,  and  whose  term  of  office  shall  be 
two  years. 

§  371. — Library — Right  to  Establish. — Said  Board  of  Education 
shall  have  the  power  and  right  to  establish  and  maintain  a  public 
school  library,  out  of  any  funds  coming  into  its  hands,  except  that 
received  by  taxation,  or  from  the  State  funds,  and  also  to  purchase 
text  booKs  for  indigent  children  of  the  city,  and  to  otherwise  expend 
such  moneys  in  the  interest  of  the  public  schools.  Said  Board  of 
Education  shall  have  the  power  and  right  to  make  rules  and  regu- 
lations governing  said  school  library. 

§  372. — Non-Resident  Pupils. — Said  Board  shall  have  power  to 
admit  to  said  school  pupils  from  beyond  the  limits  of  the  city,  and 
may  collect  therefrom  tuition  fees  for  the  benefit  of  the  schools  of 
the  city,  making  deduction  of  taxes  for  school  purposes  on  property 
in  said  city  paid  by  parents  of  said  children;  and  no  children  of  per- 
sons residing  beyond  said  limits  shall  be  admitted  as  pupils  of  any 
of  said  schools  except  on  payment  of  such  tuition  fees  as  said  Board 
may  require. 

§  373. — No  section  of  this  chapter  shall  be  so  construed  as  to  re- 
peal in  any  wise  any  special  act  or  amendment  thereto  heretofore 
passed  for  any  city  of  the  third  class  for  the  establishment,  main- 
taining and  carrying  on  a  high  school. 

'§    374. — For  the  reason  that  cities  of  the  third  class,  in  the  opera- 
tion of  their  government,  need  at  once  some  of  the  provisions  of  this 


KENTUCKY    SCHOOL  LAWS   1914.  139 

act,  and  owing  to  the  manner  of  elections,  an  emergency  is  declared 
to  exist,  and  this  act  shall  take  effect  from  its  approval  by  the  Gov- 
ernor. (Act  approved  June  14,  1893.) 


CHAPTER  XXI. 
PUBLIC   SCHOOLS   IN    CITIES    OF   THE    FOURTH    CLASS. 

§  375. — Board  of  Education — Powers — Duties — Qualification. — 
There  may  be  maintained  a  system  of  public  schools,  at  which  all 
the  children  residing  in  the  city  between  the  ages  of  six  and  twenty 
years  may  be  taught  at  the  public  expense.  Said  school  shall  be 
under  the  control  of  a  board,  to  be  styled  "The  Board  of  Educa- 
tion," consisting  of  two  trustees  from  each  ward  in  the  city,  to  be 
elected  at  the  general  November  election  in  the  year  one  thousand 
eight  hundred  and  ninety-three,  by  the  qualified  voters  of  the  city 
at  large.  They  shall  meet  and  qualify  on  the  first  Monday  in  Jan- 
uary after  their  election.  The  trustees  so  elected  shall  hold  their 
offices  one-half  for  two  years,  and  one-half  for  four  years,  as  shall 
be  determined  by  lot,  at  the  first  regular  meeting  after  the  election; 
every  two  years  thereafter,  there  shall  be  elected  by  the  qualified 
voters  of  the  city  at  large,  one  trustee  from  each  ward  in  the  city 
in  which  the  term  of  his  predecessor  in  office  will  then  expire.  Said 
trustees  shall  possess  the  same  qualifications  as  are  required  for  a 
councilman.  Said  Board  of  Education  shall  continue,  and  it  is  hereby 
declared,  a  body  politic  corporate,  under  the  name  and  style  of 
Board  of  Education,  with  perpetual  succession,  and  by  that  name 
may  contract  and  be  contracted  with;  sue  and  be  sued;  have  and 
use  a  corporate  seal,  the  same  to  renew  or  alter  at  pleasure;  may  pur- 
chase, receive,  hold,  lease,  sell  and  dispose  of  real  and  personal 
estate  for  public  school  purposes.  The  control  and  management  of 
the  public  schools  of  the  city,  and  the  property  and  funds  hereunto 
belonging  shall  be,  and  is  hereby,  vested  in  said  Board,  subject  to 
the  provisions  of  this  law.  It  shall  have  power  to  make  by-laws  and 
rules  not  in  conflict  herewith,  necessary  for  the  discharge  of  its 
duties  and  the  government  of  its  proceedings.  It  shall  meet  once 
in  each  month,  or  oftener  if  necessary,  and  a  majority-elect  of  said 
3oard  shall  constitute  a  quorum  for  the  transaction  of  business,  and 
for  the  appropriation  of  money  or  the  execution  of  a  contract,  the 
concurrence  of  two-thirds  of  the  members-elect  of  said  Board  shall 
be  indispensable,  and  the  yeas  and  nays  shall  be  entered  of  record. 
The  meetings  of  said  Board  shall  be  held  in  some  public  place,  and 
a  correct  record  of  its  proceedings  shall  be  kept  in  a  book  provided 
for  that  purpose,  which  shall  be  a  public  record. 

§  376. — Said  Board  of  Education  shall  determine  the  qualification 
of  its  members.  It  shall  have  the  power  to  fill,  until  the  next  gen- 
eral election,  all  vacancies  in  said  Board  occasioned  by  death,  re- 
moval or  other  cause. 


140  PUBLIC  SCHOOLS  IN  CITIES  OF  FOURTH  CLASS 

§  377. — Funds — How  Vested. — All  property  now  used  for  public 
school  purposes  in  the  city,  or  which  may  at  any  time  be  owned  by 
the  Board  of  Education,  and  all  the  funds  or  means  that  are  now 
or  may  hereafter  come  under  the  control  of  the  same,  are  hereby 
Corever  dedicated  to  the  use  of  public  schools  of  the  city,  and  the 
title  to  all  property,  real  and  personal,  in  the  city,  known  and  used 
as  public  school  property,  is  hereby  vested  in  said  corporation. 

§  378. — Election  of  Officers — Teachers. — Said  Board  of  Education 
shall  have  power  to  elect  or  appoint  such  officers  as  may  be  neces- 
sary for  its  own  government,  and  to  require  covenant  with  surety 
from  any  or  all  officers,  for  the  faithful  discharge  of  their  duties;  to 
make  by-laws  not  in  conflict  with  this  chapter,  the  Constitution  or 
laws  of  this  State,  for  the  carrying  out  the  duties  of  their  office, 
and  for  the  government  of  its  own  officers,  schools,  teachers,  pupils 
and  employes;  to  determine  its  own  rules  of  proceedings,  and  to 
appoint  superintendents,  teachers  and  other  officers  and  employes, 
and  regulate  and  fix  their  terms,  duties  and  compensation,  and  sus- 
pend or  r9move  them,  or  any  of  them,  for  cause.  Said  Board,  by  and 
with  the  concurrence  of  the  city  council,  may  purchase,  build  or 
rent  any  ground,  building  or  buildings,  necessary  or  convenient  for 
the  public  school  purposes,  and  may  make  contract  to  that  end;  and 
any  property  so  leased,  purchased  or  otherwise  occupied  may  be 
reserved  by  terms,  deed  or  lease  to  the  public  schools  of  the  city, 
and  if  so  reserved  shall  not  be  liable  for  any  debt  or  debts  of  the 
city  not  incurred  for  public  school  purposes.  Said  Board  may  also 
receive  and  hold,  for  public  school  purposes,  any  gift  or  devise. 

§  379. — Property — Power  to  Sell. — That  said  Board  of  Education 
shall  have  the  power,  twa-thirds  of  the  trustees  in  office  concurring 
therein,  to  be  evidenced  upon  the  call  of  the  yeas  and  nays,  and 
recorded  upon  the  journal  of  its  proceedings,  by  and  with  the  con- 
currence of  the  city  council,  to  sell  and  convey  such  of  said  school 
property  for  the  purpose  of  reinvesting  all  the  net  proceeds  of  the 
same  in  the  purchase  of  other  lots  and  building  thereon  other  school 
buildings.  And  said  Board  of  Education  shall  have  no  power  to  divert 
or  apply  said  fund  or  any  part  of  it  to  any  other  purpose  whatsoever 
than  for  the  purchase  of  grounds  and  the  building  thereon  school 
buildings  for  public  school  purposes,  and  if  it  do  so  the  same  shall 
be  malfeasance  in  office. 

§  380. — Text  Books — Adoption — Issue  Certificates. — Said  Board  of 
Education  shall  have  the  power  to  select  text  books  for  use  in  said 
schools,  and  prescribe  the  course  of  study,  and  it  shall  also  have 
power  to  hold  examinations,  determine  the  qualifications  of  its  su- 
perintendent, principals,  teachers,  and  issue  certificates  of  same.  It 
may  establish  high  schools  and  fix  the  grade  of  public  schools,  and 
prescribe  the  rules  by  which  pupils  may  pass  from  one  grade  to 
another,  and  from  the  graded  school  to  the  high  school.  It  may  also 
establish  and  maintain  kindergartens  and  manual  training  schools 
in  connection  with  the  public  school. 


KENTUCKY    SCHOOL  LAWS   1914.  141 

§  381. — Reports. — Said  Board  shall,  at  the  end  of  each  scholastic 
year,  prepare,  and  cause  to  lie  published,  a  printed  statement  showing 
the  number  of  pupils  in  each  school,  with  the  general  and  educa- 
tional progress  made  therein,  the  amount,  character  and  condition  of 
all  funds  and  other  property  belonging  to  said  schools,  together  with 
such  information  as  may  be  proper  or  necessary  for  the  benefit  of 
said  schools  and  the  general  public. 

§  382. — Estimate  of  Expenses — Levy  and  Collection  of  Taxes — 
Said  Board  shall,  within  thirty  days  prior  to  the  time  prescribed  for 
the  levy  to  be  made  in  the  charter  of  cities  of  the  fourth  class,  ap- 
proximately ascertain  the  amount  of  money  necessary  to  be  used  to 
defray  the  expenses  of  maintaining  the  schools,  improving  or  con- 
structing buildings,  et  cetera,  thereof,  and  any  liquidation  of  the 
liabilities  during  the  current  fiscal  year,  and  report  the  same,  to- 
gether with  the  estimated  amount  to  be  received  from  the  common 
school  fund  of  the  State,  interest  on  bonds,  endowments,  et  cetera, 
to  the  city  auditor  or  clerk,  who  shall  thereupon  report  the  same 
to  the  city  council,  and  the  said  city  council  shall  make  the  neces- 
sary levy,  and  collect  the  tax  to  provide  suitable  school  buildings, 
and  to  defray  the  general  expenses  necessary  for  school  purposes: 
Provided,  That  the  levy  for  any  one  year  shall  not  exceed  fifty 
cents  on  each  one  hundred  dollars  of  value  of  taxable  property  in 
the  city  as  returned  by  the  board  of  equalization.  Said  tax  shall  be 
paid  to  the  Board  or  authorized  agent  of  same  as  fast  as  collected. 

§  383.— Separate  Schools  for  White  and  Colored  Pupils.— Said 
Board  of  Education  shall  provide  and  maintain,  out  of  the  funds 
levied  or  otherwise  provided  for  the  purpose,  suitable  buildings, 
teachers,  and  other  employes,  sufficient  for  the  education  of  all 
children  of  the  city  between  six  and  twenty  years  of  age,  and  shall 
provide  separate  buildings  and  schools  for  the  education  of  white 
and  black  pupils;  and  no  white  child  shall  be  allowed  to  attend  any 
colored  school,  nor  shall  any  colored  child  be  allowed  to  attend  any 
white  school. 

§  384. — Oath  of  Trustee. — The  trustees  shall,  before  entering  upon 
the  duties  of  their  office,  take  oath,  or  make  affirmation,  as  pre- 
scribed by  law. 

§  385. — No  member  of  the  Board  of  Education  shall  be  or  become, 
directly  or  indirectly,  interested  in  any  contract,  agreement  or  trade, 
touching  the  building  of  schoolhouses,  repairing  of  school  property, 
or  use  his  official  position  to  secure  the  patronage  of  the  teachers 
or  employes  of  the  schools.  No  member  of  the  Board  of  Education 
snail  receive  any  salary  for  his  services  as  such. 

§  38G. — Treasurer — Power — Duties — Said  Board  of  Education  shall 
elect  its  own  Treasurer  and  fix  bond  of  same,  who  shall  keep  a  dis- 
tinct account  of  all  moneys  belonging  unto  or  which  may  hereafter 
be  dedicated  to,  or  set  apart  for,  public  schools,  and  shall  only  pay 
out  or  deliver  any  of  said  funds  upon  the  warrant  of  the  Board  of 


142  PUBLIC  SCHOOLS  IN  CITIES  OF  FOURTH  CLASS 

Education,  countersigned  by  the  Secretary,  and  approved  by  the 
President  of  the  Board  of  Education,  and  shall  perform,  such  other 
duties  as  may  be  prescribed  by  said  Board. 

§  387. — Funds.— Said  Board  of  Education  shall  have  exclusive 
control  of  all  school  funds  of  the  city,  from  whatever  source  the 
same  may  be  derived,  including  the  pro  rata  of  the  city  from  the 
common  school  fund  of  the  State.  It  shall  have  the  right  to  receive 
all  fines,  forfeitures  and  taxes  that  may  inure  to  the  benefit  of  the 
public  schools  of  the  city.  It  shall  have  power  to  expend"  all  moneys 
in  the  interest  of  the  public  schools  of  the  city,  and  warrants  of  the 
Board  of  Education,  countersigned  by  the  Secretary  and  approved  by 
the  President  of  the  Board,  shall  be  honored  by  the  Treasurer  to  the 
amount  of  the  school  funds  in  his  custody. 

§  383. — indebtedness. — AH  indebtedness,  bonded  or  otherwise,  and 
all  liabilities  and  contracts  of  the  school  board,  existing  at  the 
time  this  law  takes  effect,  and  all  taxes,  funds,  sinking  funds  or  other 
resources  that  have  been  pledged  or  set  apart  for  the  payment  of 
the  principal  and  interest  thereof,  shall  continue  unimpaired,  and  re- 
main of  the  same  force  and  effect  as  though  the  same  had  been 
authorized  and  contracted  by  the  express  provisions  of  this  law. 

§  389.— Appropriation  of  Money. — No  money  shall  be  drawn  from 
the  funds,  unless  same  shall  have  been  appropriated  by  order  of  the 
Board  of  Education,  and  no  appropriation  of  money  shall  be  made 
to  be  paid  out  of  said  school  funds,  unless  the  money  shall  actually 
be  in  the  treasury  to  meet  the  draft. 

§  390.— President — How  Elected — Salary.— Said  Board  of  Educa- 
tion shall  elect  from  its  own  number  a  President,  for  the  term  of  two 
years,  and  may  prescribe  who  shall  preside  in  his  absence,  and  make 
all  necessary  rules,  prescribing  the  duties  of  the  presiding  officer  and 
the  government  of  itself;  and  said  board  shall  also  elect  a  Secre- 
tary, at  a  salary  not  exceeding  one  hundred  dollars  per  annum,  whose 
duty  it  shall  be  to  keep  a  record  of  the  proceedings  of  regular  and 
special  meetings,  countersign  all  warrants  and  contracts,  and  whose 
term  of  office  shall  be  two  years. 

§  391. — Library— Right  to  Establish. — Said  Board  of  Education 
shall  have  the  power  and  right  to  establish  and  maintain  a  public 
school  library,  out  of  any  funds  coming  into  its  hands,  except  that 
received  by  taxation,  or  from  the  State  funds,  and  also  to  purchase 
text  books  for  indigent  children  of  the  city,  and  to  otherwise  expend 
such  moneys  in  the  interest  of  public  schools.  Said  Board  of  Edu- 
cation shall  have  the  power  and  right  to  make  rules  and  regulations 
governing  said  school  library. 

§  392.— Non-Resident  Pupils.— Said  Board  shall  have  the  power  to 
admit  to  said  school  pupils  from  beyond  the  limits  of  the  city,  and 
may  collect  therefrom  tuition  fees  for  the  benefit  of  the  schools  of 
the  city,  making  deduction  of  taxes  for  school  purposes  on  property 
in  said  city  paid  by  parents  of  said  children;  and  no  children  of 


KENTUCKY   SCHOOL  LAWS   1914.  143 

persons  residing  beyond  said  limits  shall  be  admitted  as  pupils  in 
any  of  said  schools  except  on  payment  of  such  tuition  fees  as  said 
Board  may  require. 

§  393.— Any  city  of  the  fourth  class  in  which  said  system  of 
public  schools  shall  be  established  and  maintained,  shall  constitute 
one  common  school  district,  and  the  Superintendent  of  Public  In- 
struction shall  pay  every  year,  out  of  the  common  school  fund  of  the 
State  to  the  white  Board  of  Education,  the  same  amount  per  capita 
for  each  white  child  of  pupil  age  in  said  district,  and  to  the  colored 
Board  of  Education  the  same  amount  per  capita  for  each  colored 
child  of  pupil  age  in  said  district,  as  he  shall  pay  to  each  child  of 
pupil  age  in  other  school  districts  in  the  State.  Whenever  the  board 
of  council  of  any  city  of  this  class  shall  determine,  by  ordinance,  to 
establish  and  maintain  a  system  of  public  schools  therein,  under  the 
provisions  of  the  act  mentioned  in  the  title  of  this  act,  or  in  case 
there  was  a  failure  at  the  last  election  provided  for  in  said  act  to 
elect  a  Board  of  Education  in  any  city  of  the  fourth  class,  the  board 
of  council  shall  have  the  power  and  authority  to  appoint  trustees  for 
such  school  to  serve  until  the  election  and  qualification  of  trustees 
as  provided  in  Section  307,  as  amended  herein.  (Act  approved  June 
28,  1903).  (Note — An  Act  published  below  amends  certain  sections 
of  the  foregoing.  Approved  March  18,  1904.) 

§  394.— Power  of  Fourth  Class  Cities  to  Establish  Schools— White 
and  Colored  Schools. — That  any  city  of  the  fourth  class  having  here- 
tofore organized  a  system  of  free  graded  schools  for  the  education  of 
the  white  and  colored  pupils  of  said  city  under  and  by  virtue  of  the 
charter  for  cities  of  the  fourth  class,  and  managed  and  controlled  by 
a  Board  of  Education,  may,  by  ordinance  passed  by  its  general  coun- 
cil, separate  said  system  of  graded  free  schools  into  a,  graded  free 
white  common  school  for  the  white '  pupils  of  said  city,  and  into  a 
graded  free  colored  common  school  for  the  colored  pupils  of  said 
city.  When  said  system  of  schools  has  been  so  changed  and  separat- 
ed as  hereinbefore  provided,  each  system  shall  be  governed  and  con- 
trolled by  a  board  of  six  trustees  elected  or  appointed,  as  now  pro- 
vided by  general  law  for  the  government  of  graded  free  white  and 
colored  schools.  Each  of  said  systems  of  graded  free  white  and  col- 
ored schools  shall  be  supported  and  maintained  by  its  pro  rata  share 
of  the  State  School  Fund,  which  shall  be  paid  by  the  State  Superin- 
tendent of  Public  Instruction  direct  to  said  trustees  or  their  treas- 
urer and  by  such  local  taxation  as  may  be  or  now  is  provided  by 
law.  No  tax  raised  from  the  property  or  poll  of  any  white  person 
or  corporation  in  said  city  shall  be  used  for  the  support  of  said 
graded  free  colored  common  schools  of  said  city,  nor  shall  any  tax 
raised  from  the  property  or  poll  of  any  colored  person  be  used  for  the 
support  of  said  graded  free  white  common  school  of  said  city.  Said 
city  shall  fix  by  ordinance  the  maximum  amount  of  tax  that  shall 
be  levied  in  any  one  year  on  the  one  hundred  dollars  worth  of  prop- 


144  PUBLIC  SCHOOLS  IN  CITIES  OF  FOURTH  CLASS 

erty  owned  by  the  white  citizens  and  corporations  of  said  city  and 
the  maximum  poll  tax  that  shall  be  levied  upon  each  white  male 
citizen  over  the  age  of  twenty-one  years,  residing  in  said  city  for 
white  school  purposes  not  to  exceed  the  amount  fixed  by  law,  and 
likewise  the  maximum  amount  that  shall  be  levied  upon  the  one 
hundred  dollars  worth  of  property  owned  by  each  colored  persons  in 
said  city,  and  the  maximum  poll  tax  that  shall  be  levied  upon  each 
colored  male  citizen  over  the  age  of  twenty-one  years,  "residing  in 
said  city,  for  colored  school  purposes,  not  to  exceed  the  amount 
fixed  by  law,  and  when  said  amounts  have  been  fixed  the  respective 
boards  of  trustees  of  said  schools  shall  not  levy  and  collect  a  greater 
amount.  After  said  systems  of  graded  free  white  and  colored  com- 
mon schools  have  been  established  as  hereinbefore  provided  for,  the 
same  shall  be  maintained,  managed  and  controlled  as  provided  for 
by  general  law  for  such  schools.  The  city  council  shall  appoint  a 
board  of  trustees  for  each  of  said  systems  of  graded  free  white  and 
colored  schools  who  shall  act  as  trustees  for  said  schools  until  the 
next  succeeding  regular  election,  when  their  successors  shall  be 
elected.  When  said  system  of  graded  free  common  schools  herein 
provided  for  shall  have  been  established,  the  Board  of  Education  of 
said  city  shall  convey  all  the  free  school  property  in  said  city  used 
by  the  white  pupils  to  the  board  of  trustees  for  the  graded  free 
white  common  schools,  and  all  the  free  school  property  in  said  city 
used  by  the  colored  pupils,  to  the  board  of  trustees  for  the  graded 
free  colored  common  school.  If  the  city  council  shall  pass  an  ordi- 
nance as  hereinbefore  provided  for,  separating  the  white  and  colored 
schools,  either  the  white  persons  or  the  colored  persons  living  in 
said  district  may  hold  an  election  as  provided  by  the  laws  governing 
school  elections  in  said  district  for  the  purpose  of  abolishing  the 
white  or  colored  graded  common  school  system  therein  existing,  the 
white  persons  only  to  vote  with  reference  to  the  white  graded  com- 
mon schools,  and  the  colored  persons  only  to  vote  with  reference 
to  the  colored  graded  common  schools;  and  if  such  election  shall 
.be  held  and  the  majority  of  the  votes  cast  at  same  shall  be  in  favor 
of  abolishing  the  white  'or  colored  graded  common  school  system  in 
said'  district,  the  same  shall  be  abolished.  All  laws  in  conflict  here- 
with are  hereby  repealed.  (Approved  March  21,  1904.) 

§  394a. — Tax— Levy  and  Collect.— Tlie  board  of  council,  in  addi- 
tion to  the  other  powers  herein  granted,  shall  have  power  within  the 
city  to  levy  and  collect  for  municipal  purposes  an  annual  ad  valorem 
tax,  not  exceeding  seventy-five  cents  on  every  hundred  dollars  of  all 
property  made  taxable  by  law  for  State  purposes;  in  addition,  not 
exceeding  fifty  cents  on  the  hundred  dollars'  worth  of  property 
taxable  for  State  purposes,  for  the  maintenance  of  public  schools 
or  the  erection  of  buildings  for  public  school  purposes  and  not  ex- 
ceeding fifty  cents  to  meet  the  principal  and  interest  of  any  bonded 
debt  hereinafter  authorized;  and  not  exceeding  one  dollar  to  meet 


KENTUCKY   SCHOOL  LAWS   1914.  145 

the  principal  and  interest  on,  and  provide  a  sinking  fund  for  the 
extinction  of  any  bonded  debt  contracted  before  the  adoption  of  the 
present  Constitution,  provided  no  greater  levy  to  pay  such  indebt- 
edness be  authorized  by  the  laws  existing  at  the  time  of  the  creation 
of  such  debt. 

"Provided,  however,  that  the  limitation  hereinbefore  prescribed  of 
the  tax  that  may  be  levied  for  schood  purposes  shall  not  apply  where 
a  bonded  indebtedness  has  been  incurred  for  the  construction,  im- 
provement or  acquisition  of  school  buildings  or  property;  and  when 
such  an  indebtedness  has  been  incurred,  there  may  be  levied  in 
addition  to  the  tax  hereinbefore  authorized,  an  annual  advalorem 
tax  sufficient  to  pay  the  interest  on  such  indebtedness,  and  also  to 
constitute  a  sinking  fund  for  the  payment  of  the  principal  thereof; 
the  provisions  hereof  shall  apply  to  any  bonded  indebtedness  whether 
heretofore  or  hereafter  created,"  so  that  said  sub-section  2,  when 
amended,  shall  read  as  follows: 

§  354b. — Levy  and  Collection  of  Ad  Valorem  Taxes. — To  levy  and 
collect  for  municipal  purposes  an  annual  ad  valorem  tax  not  ex- 
ceeding seventy-five  cents  on  every  hundred  dollars  of  all  property 
made  taxable  by  law  for  State  purposes;  in  addition,  not  exceeding 
fifty  cents  on  the  hundred  dollars'  worth  of  property  taxable  for 
State  purposes,  for  the  maintenance  of  public  schools,  or  the  erection 
of  buildings  for  public  school  purposes;  and  not  exceeding  fifty  cents 
to  meet  the  principal  and  interest  of  any  bonded  debt  hereinafter 
authorized;  and  not  exceeding  one  dollar  to  meet  the  principal  and 
interest  on,  and  provide  a  sinking  fund  for  the  extinction  of  any 
bonded  debt  contracted  before  the  adoption  of  the  present  Consti- 
.  tution,  provided  no  greater  levy  to  pay  such  indebtedness  be  au- 
thorized by  the  laws  existing  at  the  time  of  the  creation  of  such  debt. 
Provided,  however,  that  the  limitation  hereinbefore  prescribed  of  the 
tax  that  may  be  levied  for  school  purposes  shall  not  apply  where  a 
bonded  indebtedness  has  been  incurred  for  the  construction,  im- 
provement or  acquisition  of  school  buildings  or  property,  and  when 
such  an  indebtedness  has  been  incurred,  there  may  be  levied  in 
in  addition  to  the  tax  hereinbefore  authorized,  an  annual  ad  valorem 
tax  sufficient  to  pay  the  interest  on  such  indebtedness,  and  also 
to  constitute  a  sinking  fund  for  the  payment  of  the  principal  there- 
of; the  provisions  hereof  shall  apply  to  any  bonded  indebtedness 
whether  heretofore  or  hereafter  created. 

§  2. — Because  of  the  insufficiency  of  the  revenue  that  may  be 
obtained  for  school  purposes  under  the  existing  law,  an  emergency 
is  declared  to  exist,  and  this  act  shall  take  effect  from  and  after  its 
approval  by  the  Governor.  (Section  as  amended  by  Acts  of  1904 
and  1914.) 


146  THE   STATE  UNIVERSITY 

CHAPTER    XXII. 
THE    STATE     UNIVERSITY. 

§  395. — Board  of  Trustees. — That  the  government,  administration 
and  control  of  the  Agricultural  and  Mechanical  College  of  Kentucky 
be  and  is  hereby  vested  in  a  board  of  trustees,  constituted  and  ap- 
pointed as  follows : 

§  396. — Governor  Ex  Officio  Chairman. — His  Excellency,  the  Gov- 
ernor of  Kentucky,  who  shall  be  ex  officio  chairman  thereof. 

§  397. — Trustees — Manner  of  Appointment. — Fifteen  men,  discreet, 
intelligent  and  prudent,  who  shall  be  nominated  by  the  Governor  of 
Kentucky,  and  by  and  with  the  advice  and  consent  of  the  Senate. 
They  shall  hold  office  for  six  years,  five  retiring  and  five  being  ap- 
pointed at  each  regular  session  of  the  General  Assembly.  Said  nomi- 
nations shall  be  made  within  fifteen  days  after  the  Legislature  con- 
venes. Said  trustees  shall  be  appointed  and  distributed  as  follows, 
namely:  One  from  each  Congressional  district  outside  of  the  Con- 
gressional district  in  which  Lexington  is  situated,  and  the  remainder 
from  the  latter  district;  but  no  more  than  three  trustees  shall  be  ap- 
pointed from  the  county  of  Fayette:  Provided,  That  no  trustee  now 
serving  under  an  appointment  previously  made  shall  be  displaced 
by  the  operation  of  this  act  before  the  term  of  service  shall  have  ex- 
pired. 

§  397a. — Trustees  to  be  Chosen  by  Alumni. — There  shall  be  added 
to  the  Board  of  Trustees  of  the  state  University,  Lexington,  Ken- 
tucky, six  (6)  additional  members  who  shall  be  graduates  of  the 
University  and  not  less  than  thirty  (30)  years  of  age.  The  said 
six  (6)  additional  members  of  the  Board  of  Trustees  of  the  University 
shall  be  nominated  and  elected  by  ballot  by  the  graduates  of  the 
University  and  by  those  who  have  received  degrees  therefrom  in  a 
method  as  herein  and  after  set  forth.  Provided  that  no  graduate 
shall  be  permitted  to  vote  during  the  year  of  graduation.  "The  names 
of  the  person  who  have  received  a  plurality  of  the  votes  cast  shall 
be  certified  to  the  Governor  by  way  of  recommendation  for  appoint- 
ment, who  shall  appoint  the  persons  so  recommended,  as  such  addi- 
tional members  of  the  Board  of  Trustees  of  the  University,  and  shall 
have  all  of  the  rights,  powers  and  privileges  that  are  now  conferred 
•by  law."  (Act  of  1914.) 

§  397b—  Governor  to  Appoint  Members  Chosen. — The  nomination 
and  election  of  such  additional  trustees  held  hereunder  shall  be  held 
biennially,  under  rules  and  regulations  prescribed  by  the  Board  of 
Trustees,  and  all  nominating  ballots  and  all  election  ballots  shall  be 
publicly  opened  on  fixed  and  published  days.  At  least  sixty  (60)  days 
shall  intervent  between  the  mailing  and  opening  of  both  nominating 
and  election  ballots,  and  such  ballots  shall  be  mailed,  by  the  Secre- 
tary of  the  Board  of  Trustees,  to  each  person  entitled  to  vote,  at 
his  address  as  it  appears  from  the  books  of  the  University,  and  ex- 


KENTUCKY   SCHOOL  LAWS    1914.  147 

cept  in  the  year  1914,  the  date  fixed  for  election  shall  be  the  day 
before  the  regular  commencement  exercises  at  the  University,  and 
no  ballot  shall  be  counted  unless  it  is  actually  cast  by  noon  of  said 
date.  In  case  of  an  equality  of  votes  between  two  or  more  candidates, 
the  person  who  shall  hold  said  office  of  trustees  snail  be  designated 
by  lot  from  among  the  persons  receiving  such  equality  of  votes.  The 
Governor  of  the  Commonwealth,  upon  proper  certification  by  the 
Secretary  of  the  Board  of  Trustees,  shall  issue  a  commission  in  the 
name  of  the  Commonwealth  to  such  additional  members  of  said 
Board  of  Trustees.  (Act  of  1914.) 

§  397c.-— Manner  of  Selecting  Alumni. — On  or  before  December 
first,  in  the  year  1914,  and  in  a  manner  as  provided  in  Section  2  of 
this  Act,  such  six  (6)  additional  members  of  the  Board  of  Trustees 
shall  be  nominated  and  elected,  and  the  two  (2)  receiving  the  high- 
est number  of  votes  shall  hold  office  for  six  (6)  years;  the  two  (2) 
receiving  the  next  highest  number  of  votes  shall  hold  office  for  four 
(4)  years,  and  the  two  (2)  receiving  the  next  highest  number  of 
votes  shall  hold  office  for  two  (2)  years.  Biennially  thereafter,  the 
alumni  of  State  University  shall  nominate  and  elect,  by  a  plurality 
of  votes,  as  provided  in  Section  2  of  this  Act,  two  (2)  members  to 
serve  for  a  period  of  six  (6)  years;  provided,  that  whenever  a  va- 
cancy occurs  from  death,  resignation,  or  other  cause,  the  Board  of 
Trustees  shall  appoint  a  graduate,  as  provided  in  Section  1  of  this 
Act,  until  the  next  regular  election,  when  such  vacancy  shall  be  then 
filled  by  nomination  and  election  for  the  unexpired  term  in  the  man- 
ner as  provided  in-  Section  2  of  this  Act.  (Act  of  1914.) 

§  397d. — Executive  Committee  to  be  Selected— Alumni  to  be  In- 
cluded.— "The  Board  of  Trustees,  at  its  first  meeting  in  the  year  1915, 
shall  elect  an  Executive  Committee  which  shall  consist  of  seven  (7) 
members,  three  (3)  of  whom  shall  be  from  those  graduates  of  the 
University  appointed  from  the  alumni  recommendations,  and  four  (4) 
of  whom  shall  constitute  a  quorum."  (Act  of  1914.) 

§  397e.— Other  Members  of  Alumni  to  be  Selected  by  Governor. — 
In  all  appointments  made  hereafter  by  the  Governor  of  the  Common- 
wealth of  Kentucky  to  the  Board  of  Trustees  of  the  State  University, 
other  than  those  elected  by  the  alumni,  one-fifth  (V5)  of  such  number 
appointed  shall  be  alumni  of  the  said  institution.  (Act  of  1914.) 

§  398.— The  President  of  the  college  shall  be  ex  officio  a  member 
of  the  Board  of  Trustees. 

§  399, — Trustees — Powers  and  Duties— Selection  of  President  and 
Professors.— The  Board  of  Trustees,  when  appointed  and  qualified, 
shall  be  a  body  corporate,  under  the  corporate  name  of  the  Agricul- 
tural and  Mechanical  College  of  Kentucky,  and  as  a  corporation 
shall  have  power  to  sue  and  be  sued,  implead  and  be  impleaded,  con- 
tract and  be  contracted  with,  and  possess  all  the  immunities,  rights, 
privileges  and  franchises  usually  attaching  to  the  governing  bodies 
of  educational  institutions.  They  shall  have  power  to  receive,  hold 


148  THE   STATE  UNIVERSITY 

and  administer,  on  behalf  of  the  institution  whose  government,  ad- 
ministration and  control  is  committed  to  them,  all  revenues  accruing 
from  all  existing  or  future  endowments,  appropriations  or  bequests, 
by  whomsoever  made,  subject  to  the  conditions  attaching  thereto;  to 
receive,  administer  and  apply,  for  and  on  behalf  of  said  college,  all 
moneys,  devises,  stocks,  bonds,  buildings,  museums,  lands,  apparatus, 
and  so  forth,  under  the  conditions  attaching  thereto.  Said  trustees 
shall  have  power  to  determine,  from  time  to  time,  the  number  of 
departments  of  study  or  investigation  which  the  college  shall  com- 
prise within  the  scope  of  the  organic  act  of  Congress,  or  acts  supple- 
mentary thereto,  donating  land  script  for  the  endowment  of  agricul- 
tural and  mechanical  colleges;  the  relation  which  each  department 
or  group  of  departments  shall  sustain  to  each  other  and  to  the  whole; 
to  devise,  allot  and  arrange  the  distribution  of  departments  or  groups 
of  departments  with  the  designation  appropriate  to  each,  and  to  de- 
vise the  means  required  for  their  effective  instruction,  administra- 
tion and  government.  They  shall  have,  also,  power  to  appoint  presi- 
dents, professors,  assistants,  tutors  and  other  officers,  and  to  deter- 
mine the  salaries,  duties  and  official  relations  of  each;  and  shall 
provide  for  a  definite  salary  in  money  attached  to  all  positions  created 
and  filled  by  the  Board  of  Trustees;  and  there  shall  be  no  additions 
thereto  in  the  form  of  fees,  perquisites  or  emoluments  of  any  kind 
whatever.  They  shall  have  full  power  to  suspend  or  remove  at  will 
any  of  the  officers,  teachers,  professors  or  agents  whom  they  are 
authorized  by  law  to  appoint,  and  to  do  all  other  acts  which  may  be 
needful  for  the  welfare  of  the  institution. 

§  400.— Degrees. — Said  Board  of  Trustees  shall  have  power  to 
grant  degrees  to  the  alumni  of  the  institution;  to  prescribe  conditions 
upon  which  post-graduate  honors  shall  be  obtained  by  its  alumni  and 
others,  and  to  confer  such  honorary  degrees,  upon  the  recommen- 
dation of  the  faculty  of  the  institution,  as  they  may  think  proper. 

§  401. — A  majority  of  the  whole  board  shall  constitute  a  quorum 
for  the  transaction  of  business. 

§  402. — In  the  appointment  of  presidents,  professors  or  instructors 
no  preference  shall  be  shown  to  any  religious  denomination. 

§  403. — Trustees  to  Meet  in  Lexington — Power  to  Appoint  Secre- 
tary and  Treasurer — The  Executive  Committee. — The  Board  of  Trus- 
tees shall  meet  in  Lexington  twice  each  year  in  the  president's  room 
in  the  college,  namely,  upon  the  Tuesday  preceding  the  annual  com- 
mencement, and  upon  the  second  Tuesday  in  December,  in  the  ab- 
sence of  the  Governor,  the  Board  shall  have  the  power  to  appoint  a 
chairman  protem.  They  shall  elect  annually  a  Secretary,  who  shall 
keep  a  record  of  their  proceedings,  and  a  Treasurer,  who  shall  re- 
ceive and  disburse  the  funds,  and  a  business  agent,  who  shall  make 
all  purchases  for  all  departments  of  the  college  and  attend  to  all  the 
business  under  the  direction  of  the  Board.  Said  Secretary  and  Treas- 
urer and  Business  Agent  shall  receive  for  their  services  a  fair  com- 


KENTUCKY   SCHOOL  LAWS   1914.  149 

pensation;  but  the  Treasurer  elected  under  the  provisions  of  this  act 
shall  not  be  a  member  of  the  Board  of  Trustees  or  of  the  faculty  of 
the  college,  or  otherwise  an  employe  of  the  college  or  of  any  of  the 
departments  thereof.  They  shall,  at  each  regular  meeting,  appoint 
an  executive  committee,  consisting  of  five  of  their  number,  residing  in 
or  near  Lexington,  including  a  chairman  thereof,  three  of  whom 
shall  constitute  a  quorum;  and  said  committee  shall  choose  from 
their  number  a  chairman  pro  tempore,  to  act  in  the  absence  of  the 
permanent  chairman.  The  executive  committee  shall  be  charged  with 
the  general  administration  of  the  affairs  of  the  college  under  such  by- 
laws and  regulations  as  shall  be  prescribed  by  the  Board  of  Trustees, 
and  with  the  execution  of  measures  specially  authorized  by  the 
Board.  It  shall,  at  each  regular  meeting  of  the  trustees,  and  at  each 
called  meeting  if  required,  submit  to  the  Board  a  complete  record  of 
its  proceedings  for  the  consideration  and  approval  of  the  Board  of 
Trustees:  Provided,  That  the  authority  of  the  Board  of  Trustees  to 
revise  the  acts  of  the  executive  committee  shall  not  extend  to  the 
rejection  of  any  valid  or  authenticated  account  of  money  expended 
under  a  general  or  specific  authority  granted  by  the  Board  of  Trus- 
tees, and  within  the  sums  appropriated  by  the  Board  for  specific  or 
contingent  objects  at  regular  or  called  meetings.  The  Secretary  of  the 
Board  of  Trustees  shall  also  be  secretary  of  the  executive  committee 
and  the  custodian  of  the  records,  and  so  forth,  of  the  Board  and  of 
said  committee. 

§  404. — Treasurer. — That  the  Treasurer  of  said  college  shall  enter 
into  covenant  with  the  Commonwealth  of  Kentucky,  with  one  or  more 
good  sureties  bound  therein,  to  be  approved  by  the  Board  of  Trus- 
tees, conditioned  for  the  faithful  performance  of  his  duties,  and  the 
payment  of  all  money  that  shall  come  to  his  hands  to  his  successors 
in  office,  or  to  such  person  or  persons  as  may  be  lawfully  entitled  to 
receive  the  same.  Any  person  or  persons,  including  the  Board  of 
Trustees,  injured  by  any  breach  of  this  bond,  may  maintain  in  the 
Fayette  Circuit  Court  appropriate  action  thereon.  The  said  Treasurer 
shall  keep  an  itemized  account  of  receipts  and  expenditures,  and 
shall  pay  out  no  money  except  on  authorization  of  the  Board  of  Trus- 
tees, given  directly  or  through  its  executive  committee.  He  shall 
render  to  the  executive  committee  monthly  statements  of  receipts  and 
expenditures,  and  amount  on  hand,  and  a  full  detailed  statement,  with 
vouchers,  for  the  information  and  action  of  the  Board  of  Trustees  at 
its  regular  annual  meeting,  and  at  other  periods  when  required. 

§  405. — Vacancies  in  Board  of  Trustees. — In  the  case  of  the  death, 
resignation  or  refusal  to  serve  of  any  of  the  trustees  appointed  as 
members  of  the  Board  on  behalf  of  the  State,  the  remaining  trustees 
shall,  at  their  first  meeting  thereafter,  have  power  to  fill  all  vacan- 
cies occasioned  by  such  death,  resignation  or  refusal  to  serve;  and 
the  person  or  persons  so  appointed  shall  hold  their  offices  as  trus- 
tees during  the  natural  or  unexpired  terms  of  the  person  or  persons 


150  THE   STATE  UNIVERSITY 

for  whom  they  are  substituted  and  appointed.  Any  trustees  who  shall 
fail  to  attend  two  consecutive  meetings  without  proper  notification  to 
the  Secretary  of  the  reason  therefor,  shall  hereby  vacate  his  office  of 
trustee,  and  the  Board  shall  fill  the  vacancy  as  hereinbefore  pro- 
vided for. 

§  406. — All  necessary  expenses  incurred  by  the  trustees  in  going 
to,  returning  from,  or  while  attending  the  meetings  of  the  Board, 
shall  be  met  and  discharged  out  of  the  -funds  of  the  institution. 

§  407. — Meetings  of  Board  of  Trustees. — That  in  addition  to  the 
regular  meetings,  called  meetings  of  the  Board  of  Trustees  may  also 
be  held.  The  call  for  such  meetings  must  be  in  writing,  signed  by 
three  or  more  trustees.  The  call  must  also  be  formally  communicat- 
ed by  the  Secretary  to  each  trustee  by  mail,  at  his  post-office  address, 
at  least  fifteen  days  before  the  day  fixed  for  the  meeting,  and  must 
state  definitely  the  object  of  the  meeting;  and  no  business  not  thus 
explicitly  announced  shall  be  acted  on  at  the  called  meeting. 

§  408. — Collegiate  Period. — That  the  regular  collegiate  period  of 
the  Agricultural  and  Mechanical  College  shall  be  four  years,  and 
only  those  students  who  pass  through  that  period  and  attain  the  pre- 
scribed standard  of  proficiency  in  the  regular  course  of  studies,  or 
those  who,  having  qualified  themselves  elsewhere,  shall  be  found, 
after  at  least  one  year's  attendance  in  the  college,  to  have  attained 
the  prescribed  standard  of  proficiency  in  the  regular  course  of  stud- 
ies, shall  receive  a  diploma  from  the  college. 

§  409. — Trustees  to  Govern  College. — That  the  Board  of  Trustees 
be,  and  hereby  are,  empowered  to  establish  proper  regulations  for  gov- 
ernment of  the  college  and  physical  training,  military  or  otherwise, 
of  the  students,  and  to  authorize  the  suspension  and  dismissal  of 
students  for  neglect  or  violation  of  the  regulations,  and  for  other 
conduct  prejudicial  to  the  character  and  welfare  of  the  institution. 

§  410. — Trustees  to  Report  to  General  Assembly. — That  the  Board 
of  Trustees  shall  make  to  the  General  Assembly,  within  the  first 
month  of  each  regular  session,  a  full  report  of  the  condition  and 
operation  of  the  college  since  the  date  of  the  preceding  report,  with 
such  recommendations  concerning  the  college  as  may  be  deemed  nec- 
essary. 

§  411.— Appointment  of  Students. — In  addition  to  the  foregoing, 
teachers  or  persons  preparing  to  teach  may  be  admitted  at  the  rate 
of  not  more  than  four  from  each  county,  upon  the  same  conditions, 
receive  the  same  benefits,  and  have  the  same  privileges  in  said 
college  as  prescribed  in  the  preceding  section.  These  appointments 
shall  be  vested  in  the  County  Superintendents.  Said  appointments 
may  be  made  and  certified  to  the  President  of  the  college  at  any 
time  between  the  first  day  of  July  and  the  thirty-first  day  of  De- 
cember of  each  year. 

§  412. — Circular  of  Information  to  County  Superintendents.— The 
President  shall,  on,  or  before  the  first  day  of  July  of  each  year,  have 


KENTUCKY    SCHOOL  LAWS   1914.  151 

printed  and  mailed  to  each  County  Superintendent  of  common  schools 
of  this  State  at  least  as  majny  circulars  of  information  relative  to  said 
college  as  there  are  common  school  districts  in  said  respective 
counties.  Said  circulars  shall  set  forth  in  full  the  benefits  of,  meth- 
ods of  admission  into,  and  the  probable  cost  to  beneficiaries  of  said 
college.  The  County  Superintendents  of  common  schools  shall  have 
at  least  one  of  said  circulars  posted  in  the  schoolhouse  of  each  com- 
mon school  district  in  their  respective  counties  during  the  term  of 
the  free  school  thereof. 

§  413. — All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

§  414. — That,  as  the  difference  in  the  cost  of  travel  from  differ- 
ent parts  of  the  State  practically  operates  as  a  difference  in  advan- 
tages offered  to  different  parts  of  the  State,  an  emergency  is  de- 
clared to  exist,  and  this  act  shall  be  in  full  force  and  effect  from 
and  after  its  approval  by  the  Governor.  (Approved  May  9,  1893.) 

415. — $60,000  Appropriated  to  Agricultural  and  Mechanical  Col- 
lege.— That  the  sum  of  sixty  thousand  dollars,  or  so  much  as  may  be 
necessary  therefor,  be  and  the  same  is  hereby  appropriated  for  the 
purchase  of  ground  and  the  erection  thereon  of  a  suitable  building  as 
a  dormitory  for  young  women  students  of  the  Agricultural  and  Me- 
chanical College  of  Kentucky,  and  the  equipment  and  furnishing 
thereof,  which  dormitory  shall  be  capable  of  lodging  and  boarding 
comfortably  one  hundred  and  twenty-five  persons;  also,  for  the  pur- 
pose of  erecting  and  equipping  a  suitable  building  for  military  in- 
struction, physical  culture  and  rooms  for  Young  Men's  Christian  As- 
sociation; also,  for  the  erection  and  equipment  of  a  suitable  building 
for  the  use  of  the  normal  department  and  for  the  use  of  the  academy, 
also,  for  the  erection  and  equipment  of  a  dormitory  for  young  men 
students  of  said  college;  also,  for  the  purpose  of  erecting  and  fur- 
nishing an  annex  for  the  use  of  the  engineering  department  of  said 
college. 

§  416. — $30,000  for  Women's  Dormitory. — Thirty  thousand  dollars 
of  the  sum  appropriated  under  Section  41,5  of  this  act  is  hereby  set 
apart  for  the  purchase  of  ground  and  erection  of  a  dormitory  for 
young  women  and  for  the  equipment  and  furnishing  of  the  same. 
Said  building  shall  contain  the  necessary  bed  rooms,  water  closets, 
bath  rooms,  kitchen,  store  rooms,  hall  for  physical  culture  with 
the  necessary  conveniences  which  should  pertain  thereto.  Said 
women's  dormitory  shall  not  be  situated  on  any  part  of  the  ground 
known  as  the  College  Campus.  The  title  to  said  property  shall  be 
vested  in  the  Board  of  Trustees  of  the  Agricultural  and  Mechanical 
College  of  Kentucky. 

§  417. — The  residue  of  the  appropriation  made  by  this  act  shall 
be  used  by  the  Board  of  Trustees  of  said  college  in  erecting,  equip- 
ping and  furnishing  the  other  building  set  forth  in  Section  415 
of  this  act,  and  if  the  residue  of  the  appropriation  be  not  sufficient 


152  THE   STATE  UNIVERSITY 

therefor,  then  it  shall  be  expended  in  erecting  and  furnishing  such 
of  said  other  buildings  as  the  Board  of  Trustees  may  think  most 
necessary  until  said  appropriation  be  exhausted. 

§  418.— Women  to  Control  Women's  Dormitory. — The  Board  of 
Trustees  shall  appoint  three  prudent,  discreet,  intelligent  women; 
members  in  good  standing  of  one  of  the  religious  organizations  rec- 
ognized by  the  laws  of  the  United  States,  who  shall  constitute  a 
board  of  supervision  or  control  to  manage  and  superintend,  under 
the  direction  of  the  Board  of  Trustees,  the  dormitory  for  young 
women.  The  term  of  service  shall  be  for  six  years;  but  the  first  ap- 
pointments shall  be,  one  for  two  years,  one  for  four  years  and  one 
for  six  years,  respectively,  and  thereafter,  upon  the  expiration  of 
their  terms  of  service,  one  shall  be  appointed  at  the  close  of  each 
biennial  period  to  fill  the  vacancy.  Provided,  however,  that  the 
Board  of  Trustees  shall  have  power  at  any  time  to  remove  any  mem- 
ber of  the  board  of  control  for  reasons  which  they  may  deem  suffi- 
cient and  to  fill  the  unexpired  term  by  an  interim  appointment. 
Said  board  of  supervision  shall  meet  at  convenient  intervals  for  the 
transaction  of  business.  They  shall  keep  a  record  of  their  proceed- 
ings and  submit  the  same  to  the  Board  of  Trustees  at  their  regular 
meetings.  Their  receipts  and  expenditures  shall  be  embodied  in 
semi-annual  reports  to  the  Board.  They  shall,  when  the  dormitory 
is  ready  for  the  reception  of  students,  submit  to  the  Board  of  Trus- 
tees for  their  approval  or  to  the  executive  committee,  if  the  Board 
of  Trustees  be  not  in  session,  a  body  of  regulations  in  relation  to 
their  administration  of  the  business  of  the  dormitory,  and  in  relation 
to  the  conduct  and  discipline  of  its  occupants.  The  members  of  the 
board  of  supervision  or  control  shall  receive  no  salary;  but  the  neces- 
sary expenses,  incurred  in  the  discharge  of  their  duties,  shall  be  paid 
out  of  the  funds  set  apart  for  the  administration  of  the  women's  dor- 
mitory. 

§  419. — $2,000  Appropriated  for  Expenses  of  Women's  Dormitory. 
— The  sum  of  two  thousand  dollars  annually  is  hereby  appropriated 
to  defray  the  running  expenses  of  said  women's  dormitory,  including 
fuel,  lights,  servants'  hire,  janitor,  cooks,  and  the  necessary  ex- 
penses of  the  board  of  supervision  or  control  as  hereinbefore  set 
forth. 

§  420. — Board  in  Dormitory. — The  rates  of  board  charged  young 
women  shall  be  determined  by  the  cost  of  provisions  and  their  prep- 
aration and  service,  with  no  margin  or  profit.  A  small  monthly  fee 
may,  however,  be  added  to  cover  the  wear  and  tear  of  kitchen,  din- 
ing room  and  bed  room  furniture. 

§  421. — The  duties  of  the  board  of  supervision  or  control  shall  be 
concerned  exclusively  with  the  management  of  the  women's  dormi- 
tory, and  shall  in  no  wise  relate  to  the  college  privileges,  duties  and 


KENTUCKY    SCHOOL  LAWS   1914.  153 

relations  of  the  young  women  nor  to  the  requirements  of  the  faculty 
regarding  their  work  or  the  discipline  and  control  of  the  faculty 
over  them  as  students. 

§  422. — The  President  of  the  college  shall,  as  the  representative 
of  the  Board  of  Trustees,  have  the  same  general  authority  in  regard 
to  the  women's  dormitory  which  he  is  expected  and  required  to  ex- 
ercise over  the  interests  all  and  singular  of  the  college,  and  any 
occupant  of  said  dormitory  who  may  feel  aggrieved  b/  the  act  of  the 
board  of  control  or  the  subordinate  appointees  shall  have  the  privi- 
lege of  appeal  to  the  President  of  the  college,  whose  decision  shall 
be  final  until  the  next  meeting  of  the  executive  committee. 

§  423.— Students  Appointed  Have  Preference  in  Dormitory. — 
Women  students  attending  said  college  as  beneficiaries  and  ap- 
>ointees  of  counties  or  legislative  districts  shall  have  preference  for 
accommodations  in  said  women's  dormitory,  and  if  the  accommoda- 
tions of  said  dormitory  are  not  sufficient  for  all  such  appointees 
then  the  proper  authorities  of  said  college  shall  decide,  in  some  way 
fair  and  equitable,  who  shall  be  entitled  to  said  accommodations, 
all  counties  being  given  equal  representation  as  nearly  as  possible. 
If  any  rooms  in  said  dormitory  remain  after  all  such  appointees  are 
accommodated,  other  female  students  may  be  allowed  the  use 
thereof,  each  county  being  given  equal  representation  as  nearly  as 
possible.  All  rooms  shall  be  assigned  by  lot  three  days  after  the 
session  opens.  Like  rules  and  preferences  shall  be  observed  in 
regard  to  dormitory  accommodations  provided  for  men  students  at 
said  college.  All  rooms  shall  be  assigned  by  lot  three  days  after 
the  session  opens. 

§  424. — Architect — Contract  to  Lowest  Bidder. — The  B'oard  of 
Trustees  of  said  college  shall  appoint  a  competent  architect  or  archi- 
tects to  prepare,  under  their  direction,  plans  and  specifications  for 
the  buildings  aforesaid  and  shall  contract  with  responsible  parties  for 
the  erection  and  equipment  of  the  same.  All  contracts  under  this 
act  for  material  and  labor,  or  for  the  erection  of  any  and  all  build- 
ings and  improvements  and  for  the  equipment  of  the  same  for  the 
purpose  mentioned  in  this  act  shall  be  let  to  the  lowest  and  best 
bidder,  after  the  same  is  duly  advertised  by  notice  for  ten  successive 
days  in  the  daily  newspapers  in  the  city  of  Lexington,  Kentucky,  hav- 
ing the  largest  circulation,  or  for  four  consecutive  weeks  in  the 
weekly  paper  of  said  city  having  the  largest  circulation,  in  the  judg- 
ment of  the  Board  of  Trustees;  the  successful  bidder  in  each  case 
entering  into  bond  to  the  Commonwealth  of  Kentucky  for  the  benefit 
of  said  A.  &  M.  College  of  Kentucky,  in  a  sum  not  less  than  fifteen 
per  cent,  of  the  contract  sum  or  price  for  the  completion  of  the  work 
in  the  manner  and  within  the  time  set  out  in  the  contract  or  con- 
tracts, and  manner  and  time  shall  be  fully  and  in  detail  set  out  in 
said  contract.  The  money  hereby  appropriated  shall  be  paid  to  the 
Treasurer  of  the  said  college  from  time  to  time  as  the  purchasing  of 


154  THE   STATE  UNIVERSITY 

land,  erection  of  buildings  and  furnishing  of  same,  as  contemplated 
in  this  act,  may  require;  and  it  shall  be  the  duty  of  the  Auditor  of 
Public  Accounts  to  draw  his  warrant  or  warrants  upon  the  Treasurer 
of  the  State  in  favor  of  ii?e  Treasurer  of  rtid  college  for  such  an 
amount  as  the  said  Treasurer  of  said  college  may  certify  to  him,  from 
time  to  time,  is  necessary  and  needed  in  carrying  out  the  provisions 
of  this  act. 

§  425. — Trustees  Must  Report  to  General  Assembly. — Said  Board 
of  Trustees  shall  submit  to  the  next  regular  session  of  the  General 
Assembly  an  itemized  account  and  statement  of  the  expenditures 
made  for  the  purposes  herein  named,  which  account  and  statement 
shall  be  properly  certified  and  audited;  and  if  any  of  the  funds  here- 
by appropriated  remain  unexpended  after  the  additions  and  improve- 
ments to  said  college  herein  authorized  have  been  made,  the  same 
shall  be  returned  to  the  State  Treasurer  by  the  said  Board  of  Trus- 
tees. The  annual  appropriation  made  by  this  act  for  the  benefit  of 
the  women's  dormitory  shall  be  paid  to  the  treasurer  of  said  college 
upon  warrant  of  the  Auditor  to  be  used  for  the  purposes  specified. 

§  426. — Emergency. — Whereas,  it  is  necessary  that  the  work  on 
the  buildings  and  'improvements  authorized  by  this  act  shall  begin 
as  soon  as  possible  in  order  that  said  buildings  and  improvements 
may  be  -completed  and  ready  for  use  at  the  beginning  of  the  next 
regular  collegiate  year  of  said  college  in  September  next,  an  emer- 
gency is  hereby  declared  to  exist  and  this  act  shall  take  effect  and 
be  in  full  force  from  and  after  its  approval  by  the  Governor.  (Ap- 
proved March  21,  1900.) 

§  427. — $30,000  Appropriated  for  Young  Women's  Dormitory. — 
That  a  supplementary  appropriation  of  thirty  thousand  dollars  be 
made  to  enable  the  trustees  of  the  Agricultural  and  Mechanical 
College  of  Kentucky  to  build,  complete  and  equip  a  dormitory  or 
college  home  for  young  women,  of  such  dimensions  and  equipment 
as  will  accommodate  one  hundred  and  twenty-five  persons,  and  meet 
the  other  requirements  of  the  General  Assembly. 

§  428. — Money  Paid  on  Warrant  of  the  Auditor. — The  money 
hereby  appropriated  shall  be  paid  to  the  Treasurer  of  the  said  col- 
lege from  time  to  time  as  the  erection,  furnishing  and  equipment  of 
the  building  may  require;  and  it  shall  be  the  duty  of  the  Auditor 
of  Public  Accounts  to  draw  his  warrant  or  warrants  upon  the  Treas- 
urer of  the  State  in  favor  of  the  Treasurer  of  said  college  for  such 
an  amount  as  the  Treasurer  of  said  college  may  certify  to  him  from 
time  to  time  to  be  necessary  and  needed  in  carrying  out  the  pro- 
visions of  this  act. 

§  429.— Emergency. — Whereas,  It  is  necessary  that  the  work  on 
the  building  and  purchase  of  equipments  authorized  by  this  act  shall 
begin  as  soon  as  possible,  in  order  that  the  said  building  may  be 
completed  and  the  equipment  purchased  and  ready  for  use  at  the 
beginning  of  the  next  collegiate  year  in  September,  one  thousand 


KENTUCKY   SCHOOL  _AWS   1914.  155 

nine  hundred  and  two,  an  emergency  is  hereby  declared  to  exist,  and 
this  act  shall  take  effect  and  be  in  full  force  from  and  after  its 
approval  by  the  Governor.  Whereas,  section  fourteen  of  an  act  to 
provide  for  the  efficient  management  and  administration  of  the 
Agricultural  and  Mechanical  College  of  Kentucky,  approved  May 
ninth,  one  thousand  eight  hundred  and  ninety-three,  makes  liberal 
provisions  for  the  free  tuition,  free  room  rent,  free  fuel  and  lights 
and  traveling  expenses  of  beneficiaries  appointed  from  the  several 
counties  of  this  Commonwealth  as  students  in  said  college,  thereby 
virtually  bringing  the  college  into  every  county  thereof;  and,  where- 
as, said  beneficiaries  are  to  be  appointed  by  the  Superintendent  of 
their  respective  counties  on  competitive  examinations  at  a  time  and 
place  designated  by  the  Superintendent;  and,  whereas,  it  is  the  duty 
of  the  Superintendents  to  place  in  every  school  house  in  his  county 
circulars  provided  and  furnished  to  him  by  said  college,  setting  forth 
the  benefits  thereof,  and  method  of  admission  into  the  same  and, 
whereas,  by  neglect  in  distributing  said  circulars  of  information,  and 
failure  to  designate  the  time  and  place  for  holding  competitive  ex- 
aminations, many  of  the  counties  of  the  State  are  inadequately  rep- 
resented in  said  college,  to  the  detriment  and  material  loss  of  said 
counties,  therefore, 

§  430. — Duty  of  County  to  Post  Circulars. — Each  failure  or  neg- 
lect on  the  part  of  the  Superintendent  of  schools  in  any  county  in 
Kentucky  to  place  in  such  schoolhouse  in  his  county  before  the  fif- 
teenth of  May,  of  each  year,  a  copy  of  the  circulars  aforesaid,  trans- 
mitted by  the  President  of  said  college  for  the  purpose  aforesaid, 
shall  be  deemed  a  neglect  of  duty;  and  for  each  offense  an  action 
may  be  maintained  against  such  Superintendent  by  the  trustees  of 
each  school  within  the  county  where  circulars  have  not  been  placed 
according  t©  the  law,  and  upon  conviction  thereof  he  shall  be  subject 
to  a  penalty  of  not  less  than  twenty-five  nor  more  than  fifty  dollars. 
Said  action  may  be  maintained  in  the  courts  of  justice  of  the  peace 
having  jurisdiction  in  the  school  district  or  in  the  county  court,  and 
a  like  penalty  shall  be  incurred  by  the  Superintendent  for  the  neg- 
lect of  duty  in  appointing  a  time  and  place  for  competitive  examina- 
tion for  the  selection  of  beneficiaries  in  his  county  according  to  the 
provisions  set  forth  in  section  fourteen  of  the  aforesaid  act,  ap- 
proved  May  ninth,  one  thousand  eight  hundred  and  ninety-three.  By 
reason  of  many  counties  being  deprived  of  the  benefits  of  this  college, 
because  of  the  fact  that  County  School  Superintendents  in  some 
counties  having  failed  to  make  known  the  provisions  of  the  law,  an 
emergency  is  declared  to  exist,  and  this  act  shall  take  effect  from 
its  approval  by  the  Governor.  (Approved  March  21,  1902.) 

§  431. — $15,000  Appropriated  Annually  to  A.  &  M.  College. — That 
fifteen  thousand  dollars  be,  and  the  same  is  hereby,  appropriated  for 
the  current  fiscal  year  and  for  each  succeeding  year,  in  order  to 
liquidate  the  existing  indebtedness  of  the  Agricultural  and  Mechanical 


156  THE   STATE  UNIVERSITY 

College  and  to  provide  additional  income  for  meeting  the  annual  ex- 
penditures of  the  said  Agricultural  and  Mechanical  College  of  Ken- 
tucky, and  the  same  is  directed  to  be  paid  annually  by  the  Treasurer 
of  the  State  to  the  Treasurer  of  the  Agricultural  and  Mechanical  Col- 
lege, upon  warrant  issued  by  the  Auditor  of  Public  Accounts,  who  is 
hereby  directed  to  draw  and  issue  said  warrant  for  the  purpose 
aforesaid.  (Acts  of  1904.) 

§  432. — Diplomas. — A  diploma  from  the  A.  &  M.  College  of  Ken- 
tucky, conferring  the  degree  of  Bachelor  of  Pedagogy,  ^shall  be  suf- 
ficient evidence  of  qualification  to  teach  in  the  public  schools  of 
Kentucky  during  the  lifetime  of  the  person  upon  whom  such  degree 
has  been  conferred,  unless  he  or  she  shall  cease  to  teach  for  five 
consecutive  years.  And  no  other  certificate  or  license  shall  be  re- 
quired of  him  by  any  board  authorized  by  law  to  employ  teachers 
for  any  of  the  public  schools  of  Kentucky.  (Acts  of  1906.) 

§  433. — That  the  assent  of  the  Legislature  of  this  Commonwealth, 
be,  and  is  hereby,  given  to  the  provisions  of  the  act,  entitled  "An 
act  to  provide  for  an  increased  annual  appropriation  for  Agricultural 
Experiment  Stations,  and  regulating  the  expenditures  thereof."  That 
the  Governor  of  this  Commonwealth  send  a  certified  copy  thereof  to 
the  Secretary  of  the  Treaspry  of  the  United  States.  Whereas,  the 
appropriation  will  cease  upon  the  adjournment  of  the  Legislature 
unless  this  act  be  then  in  effect,  an  emergency  is  hereby  declared  to 
exist  and  this  act  shall  take  effect  and  become  a  law  from  and  after 
its  passage  and  approval.  (Approved  March  11,  1908.) 

§  434. — Two  Hundred  Thousand  Dollars  Appropriated  to  State 
University — Additional  Grounds  May  Be  Purchased — Architects  May 
Be  Employed — Advertisement — Bond  by  Successful  Bidder — Money- 
How  to  be  Paid — Statement  to  be  Submitted  to  General  Assembly. — 

That  the  sum  of  two  hundred  thousand  dollars,  or  as  much  as  may  be 
necessary  thereof,  be  and  the  same  is  hereby  appropriated  for  the 
benefit  of  the  State  University,  Lexington,  Kentucky,  for  the  purpose 
or  paying  the  outstanding  indebtedness  heretofore  incurred  for  the 
erection  of  necessary  buildings  and  equipment  of  same  on  the 
grounds  owned  by  the  said  institution,  and  for  the  erection  ar-d 
equipment  of  a  suitable  building  for  the  department  of  mining  engin- 
eering, civil  engineering  and  physics;  also,  for  the  erection  and 
equipment  of  a  necessary  addition  to  the  chemical  building;  also  for 
the  erection  and  equipment  of  a  necessary  addition  to  the  mechanical 
and  electrical  engineering  building;  also  for  the  erection  and 
equipment  of  a  new  dormitory  for  the  accommodation  of  the  male 
students  of  said  institution.  All  of  said  buildings  shall  be  erected 
upon  the  grounds  owned -by  said  institution,  or  upon  such  ground  as 
may  be  acquired  by  purchase  by  the  Board  of  Trustees  of  said  insti- 
tution. If,  in  the  judgment  of  the  said  Board  of  Trustees,  the  pur- 
chase of  additional  grounds  may  be  necessary  for  the  accommoda- 
tion of  the  new  buildings  herein  contemplated,  or  for  the  proper  con- 


KENTUCKY    SCHOOL  LAWS   1914.  157 

ducting  of  said  institution,  they  may  make  such  necessary  purchase 
and  pay  for  the  same  cut  of  ihe  money  herein  appropriated.  The 
title  to  such  real  estate  shall  be  made  and  held  by  the  Common- 
wealth of  Kentucky  for  the  use  and  benefit  of  said  institution.  The 
said  Board  of  Trustees  is  vested  with  a  sound  discretion  as  to  the 
order  of  construction  and  as  to  the  location  of  the  improvements 
herein  set  forth,  or  in  giving  preference  to  such  other  improvements 
as  will  best  promote  the  interests  of  the  institution,  provided  that 
the  total  expenditure  shall  not  exceed  the  amount  herein  appropri- 
ated. The  said  Board  of  Trustees  shall  appoint  a  competent  architect 
or  architects  to  prepare,  under  their  direections,  plans  and  specifi- 
cations for  the  buildings  aforesaid,  and  shall  contract  with  responsi- 
ble parties  for  the  erection  and  equipment  of  same.  All  contracts 
under  this  act  for  material  and  labor,  or  for  the  erection  of  any 
and  all  buildings  and  improvements,  and  for  the  equipment  of  the 
same  for  the  purposes  mentioned  in  this  act,  shall  be  let  to  the  low- 
est and  best  bidder,  after  the  same  is  duly  advertised  by  notice  for 
ten  consecutive  days  in  a  daily  newspaper  published  in  the  city  of 
Lexington,  Kentucky,  having  the  largest  circulation,  or  for  four  con- 
secutive weeks  in  the  weekly  paper  published  in  said  city  which,  in 
the  judgment  of  the  said  Board  of  Trustees,  has  the  largest  circula- 
tion. The  successful  bidder  or  bidders  in  each  case  shall  enter  into 
bond  to  the  Commonwealth  of  Kentucky  for  the  benefit  of  said  Uni- 
versity in  a  sum  not  less  than  twenty-five  per  cent,  of  the  contract 
sum  or  price  for  the  completion  of  the  work  in  the  manner  and  with- 
in the  time  set  out  in  the  contract  or  contracts,  and  manner  and  time 
shall  be  fully  and  in  detail  set  out  in  said  contract.  The  money 
hereby  appropriated  shall  be  paid  to  the  Treasurer  of  said  University 
from  time  to  time,  as  the  improvements  contemplated  in  this  act  may 
require,  and  it  shall  be  the  duty  of  the  Auditor  of  Public  Accounts  to 
draw  his  warrant  or  warrants  upon  the  Treasurer  of  the  State  in 
favor  of  the  Treasurer  of  said  University  for  an  amount  or  amounts 
as  the  said  Treasurer  of  said  University,  countersigned  by  the  Presi- 
ident,  may  certify  to  him  from  time  to  time,  is  necessary  and  needed 
In  carrying  out  the  provisions  of  this  act:  Provided,  however,  that 
one-third  of  said  appropriation  shall  be  due  and  payable  on  Decem- 
ber 1,  1908;  one-third  thereof  shall  be  due  and  payable  on  July  1, 
1909,  and  one-third  thereof  shall  be  due  and  payable  on  July  1,  1910. 
Said  Board  of  Trustees  shall  submit  to  the  next  regular  session  of  the 
General  Assembly  an  itemized  account  and  statement  of  the  expendi- 
tures made  for  the  purpose  herein  named,  which  account  and  state- 
ment shall  be  properly  certified  and  audited,  and  if  any  of  the  funds 
hereby  appropriated  remain  unexpended  after  the  additions  and  im- 
provements to  said  University  herein  authorized  have  been  made, 
the  same  shall  be  returned  to  the  State  Treasury  by  said  Board  of 
Trustees. 


158  THE   STATE  UNIVERSITY 

§  435. — $20,000  Appropriated  Annually — Normal  Department  Elimi- 
nated— Certificates  May  Be  Granted — Sub-freshman  Work  Eliminated. 
• — That  in  order  to  provide  additional  income  to  meet  the  additional 
annual  expenditures  of  said  institution,  the  additional  sum  of  twenty 
thousand  dollars  ($20,000)  is  hereby  appropriated  for  the  current 
fiscal  year,  and  for  each  succeeding  year  for  the  benefit  of  the  said 
State  University  and  the  same  is  hereby  directed  to  be  paid  by  the 
Treasurer  of  the  State  to  the  Treasurer  of  the  State  University  upon 
a  warrant  or  warrants  issued  by  the  Auditor  of  Public  Accounts,  who 
is  hereby  directed  to  draw  and  issue  said  warrants  for  the  purpose 
aforesaid.  That  the  normal  department  of  said  University,  as  it  now 
exists,  be  eliminated,  and  there  be  established  instead  thereof  a  de- 
partment of  education  in  said  university,  with  collegiate  rank,  lead- 
ing to  the  usual  degree  in  pedagogy  as  maintained  in  other  similar 
State  institutions;  that  degrees  of  bachelor  of  arts  in  education,  and 
bachelor  of  science  in  education  conferred  in  this  department  shall, 
with  the  approval  of  the  State  Superintendent  of  Public  Instruction, 
entitle  the  holder  thereof  to  the  privilege  of  teaching  in  the  common 
schools  and  high  schools  of  the  Commonwealth  without  further  exam- 
ination, during  life  or  good  behavior.  The  diplomas  granting  degrees 
may  be  revoked  for  cause  by  the  said  Board  of  Trustees  or  by  the 
State  Superintendent  of  Public  Instruction.  The  Board  of  Trustees 
shall  have  power  and  authority,  subject  to  the  approval  of  the  State 
Superintendent  of  Public  Instruction,  to  confer,  under  its  corporate 
seal,  upon  students  of  said  department,  the  following  certificate:  1st. 
An  elementary  certificate  upon  the  completion  of  one  year's  work, 
which  shall  entitle  the  holder  thereof  to  teach  in  any  public  school 
of  this  State  for  the  period  of  two  years  from  the  date  thereof,  with- 
out further  examination.  2nd.  An  intermediate  certificate  upon  the 
completion  of  two  years'  work,  which  shall  entitle  the  holder  thereof 
to  teach  in  any  public  school  of  this  State  for  a  period  of  four  years 
from  the  date  thereof  without  further  examination.  3d.  An  advanced 
certificate  upon  the  completion  of  three  years'  work,  which  shall  en- 
title the  holder  thereof  to  teach  in  any  public  school  of  this  State  for 
a  period  of  three  years  from  date  thereof  without  further  examina- 
tion, and  if,  at  the  end  of  three  years,  a  teacher  holding  an  ad- 
vanced certificate  shall  present  to  the  Board  of  Trustees  which  grant- 
ed the  same,  satisfactory  evidence  of  successful  teaching  during  said 
period,  and  of  good  moral  character,  then  the  advance  certificate  may 
be  extended  for  life  or  good  behavior  by  said  Board,  subject,  however, 
to  the  approval  of  the  State  Superintendent  of  Public  Instruction,  and 
it  shall  so  be  endorsed  by  the  said  Board,  and  the  holder  thereof 
shall  be  entitled  to  teach  in  any  public  school  in  this  State  during 
good  behavior,  without  further  examination.  The  official  endorse- 
ment of  the  State  Superintendent  of  Public  Instruction  shall  be 
necessary  to  validate  any  of  the  said  three  certificates  or  extension 
thereof  above  named.  Any  certificate  may  be  revoked  for  cause  by 
said  Board  of  Trustees  or  by  the  State  Superintendent  of  Public  In- 


KENTUCKY    SCHOOL  LAWS   1914.  159 

struction.  That  from  and  after  two  years  from  this  date  all  sub- 
freshman  work  shall  begin  to  be  eliminated  as  a  part  of  the  "univer- 
sity curriculum,  and  such  elimination  shall  progress  as  rapidly  as  the 
educational  conditions  in  Kentucky  will  justify:  Provided,  however, 
special  courses  may  be  given  in  any  of  the  departments  of  the  uni- 
versity, except  that  no  sub-freshman  normal  instruction  shall  be 
given  after  September  1,  1908,  in  any  department  of  the  university 
or  academy  connected  therewith.  (Act  approved  March  16,  1908.) 

§  436. — Title  Changed. — That  the  institution  founded  under  the 
land  grant  of  18G2,  by  the  Congress  of  the  United  States,  and  known 
hitherto  under  the  corporate  designation  and  title  of  "Agricultural  and 
Mechanical  College  of  Kentucky,"  be  hereafter  known  and  designated 
as  the  "State  University,  Lexington,  Kentucky." 

§  437. — That  the  said  State  University  be  maintained  by  the  Com- 
monwealth with  such  endowments,  incomes,  buildings  and  equip- 
ments as  shall  enable  it  to  do  work  such  as  is  done  in  other  institu- 
tions of  corresponding  rank,  both  under-graduate  and  post-graduate, 
and  embracing  work  of  instruction,  as  well  as  in  original  research. 

§  438. — Previous  Acts  Referred  To. — That  all  the  acts  of  the  Gen- 
eral Assembly  of  the  Commonwealth  of  Kentucky,  making  provision 
for  the  establishment,  support  and  maintenance  of  the  Agricultural 
and  Mechanical  College  of  Kentucky,  heretofore  enacted,  viz.:  An 
act  appointing  a  commission  for  the  location  of  the  Agricultural  and 
Mechanical  College,  approved  March  13,  1878;  an  act  locating  and 
establishing  the  Agricultural  and  Mechanical  College,  approved  Feb- 
ruary G,  1880;  an  act  incorporating  the  Agricultural  and  Mechanical 
College,  approved  March  4,  1880;  an  act  amending  the  act  of  incor- 
poration, approved  April  23,  1880;  an  act  of  the  General  Assembly, 
approved  April  29,  1880,  and  Section  184  of  the  Constitution  of  Ken- 
tucky, guaranteeing  tne  validity  of  the  tax  levied  for  the  benefit  of 
the  Agricultural  and  Mechanical  College  by  said  act,  approved  April 
29,  1880;  an  act  of  incorporation,  amending  the  acts  of  March  4,1880, 
and  April  23,  1880,  approved  May  9,  1893,  an  act  for  the  maintenance 
of  the  girls'  dormitory,  approved  March  21,  1900,  and  an  act  making 
an  annual  appropriation  for  the  maintenance  and  support  of  the  said 
college,  which  became  a  law  March  26,  1904;  and  that  all  the  acts 
of  the  Congress  of  the  United  States,  creating  and  endowing  colleges 
under  the  land  grant  of  1862,  viz.:  The  act  providing  for  the  estab- 
lishing of  the  college  for  the  benefit  of  agricultural  and  mechanical 
arts,  approved  July  2,  1862;  the  act  of  establishing  experiment  sta- 
tions, as  departments  of  agricultural  colleges,  approved  March  2, 
1887;  the  act  for  applying  a  portion  of  the  proceeds  of  the  public 
lands  to  the  more  complete  endowment  of  the  colleges  established 
under  the  act  of  July  2,  1862,  which  passed  the  Senate  June  23,  1890; 
the  act  known  as  the  "Adams  Act,"  further  endowing  experiment  sta- 
tions, passed  by  Congress,  March  16,  1906;  an  act  known  as  the 
"Nelson  Act,"  for  the  further  endowment  of  Agricultural  and  Mechan- 


160  THE   STATE  UNIVERSITY 

ical  Colleges,  passed  by  Congress,  March  4,  1907,  shall  not  be  affected 
by  this  change  of  name,  and  the  revenue  accruing  from  these  and 
from  all  other  sources,  State  and  Federal,  shall  continue  to  be  paid 
over  by  the  State  and  Federal  authorities  to  the  Treasurer  of  the 
State  University,  Lexington,  Kentucky,  for  its  use  and  maintenance, 
in  accordance  with  the  provisions  of  said  acts  of  Congress  and  of 
the  General  Assembly  of  Kentucky. 

§  439.— Acts  of  Congress  to  be  Carried  Out. — That  the  require- 
ments of  the  law  of  Congress,  approved  July  2,  1862,  for- the  instruc- 
tion in  those  branches  of  learning  relating  to  agriculture  and  the 
mechanic  arts  and  to  military  tactics,  should  be  carried  out  fully, 
and  that  those  branches  shall  continue  to  be  integral  and  indispen- 
sable course  of  instruction  in  the  State  University;  and  that,  in 
addition  to  the  other  colleges  of  said  university,  one  of  the  colleges 
shall  be  denominated  the  Agricultural  College,  and  another  the  Col- 
lege of  Mechanical  Arts  of  the  State  University. 

§  440. — Department  of  -Law  Established. — That  a  department  of 
law,  or  course  of  instruction  in  the  science  of  law  leading  to  the 
degree  of  Bachelor  of  Laws,  shall  be  established  in  said  university. 
The  course  prescribed  leading  to  said  degree  shall  be  of  equal  dignity 
and  rank  to  that  of  other  corresponding  institutions. 

§  441. — Department  of  Medicine  and  Surgery  Established. — That  a 
Department  of  Medicine  and  Surgery,  or  course  of  instruction  in  the 
science  of  Medicine  and  Surgery,  leading  to  the  usual  degrees 
conferred  in  such  courses,  shall  be  established  in  said  university. 
The  courses  prescribed  shall  be  of  equal  dignity  and  rank  to  that  of 
other  corresponding  institutions,  and  that  a  diploma  issued  from  this 
department  shall  be  accepted  throughout  this  State  on  equal  terms 
with  diplomas  issued  from  other  corresponding  institutions. 

§  442. — Appointment  of  Beneficiaries — Competitive  Examination — 
Duty  of  County  Superintendents. — That  so  much  of  the  law  for  the 
benefits  of  said  college  designated  as  Section  26,  of  the  Kentucky 
Statutes,  as  applies  to  the  manner  of  making  the  appointment  of 
benefieciaries  to  said  college  be  stricken  out,  and  the  following  lan- 
guage be  inserted  instead  thereof:  "Each  county  in  the  State,  in  con- 
sideration of  the  incomes  accruing  to  said  institution  under  the  pres- 
ent laws,  for  the  benefit  of  the  said  Agricultural  and  Mechanical  Col- 
lege, be  entitled  to  select  and  to  send  to  said  university  each  year 
one  or  more  properly  prepared  students  as  hereinafter  provided  for, 
free  from  all  charges  for  tuition,  matriculation  fees,  room  rent,  fuel 
and  lights,  and  to  have  all  the  advantages  of  the  said  university  and 
dormitory  free,  except  board.  Each  county  in  the  State  shall  be  the 
unit  of  appointment,  and  each  county  shall  be  entitled  annually  to 
appoint  to  said  university  one  white  pupil  for  every  three  thousand 
and  one  for  each  fraction  thereof  over  fifteen  hundred  of  white 
school,  children,  based  upon  the  last  official  census  preceding  said 
appointment:  Provided,  however,  that  each  county  shall  be  entitled 


KENTUCKY    SCHOOL  LAWS    1914.  161 

to  at  least  one  annual  appointment."  So  that  said  Section,  when 
amended  will  read  as  follows:  "Each  county  in  the  State,  in  consid- 
eration of  the  incomes  accruing  to  said  institution,  under  the  present 
laws  for  the  benefit  of  said  Agricultural  and  Mechanical  College,  be 
entitled  to  select  and  send  to  said  university  each  year  one  or  more 
properly  prepared  students,  as  hereinafter  provided  for,  free  from  all. 
charges  for  tuition,  matriculation  fees,  room  rent,  fuel  and  lights, 
and  to  have  all  the  advantages  and  privileges  of  the  said  university, 
one  white  pupil  for  every  three  thousand  and  one  for  each  fraction 
thereof  over  fifteen  hundred  of  white  school  children,  based  upon  the 
last  official  census  preceding  said  appointment:  Provided,  however, 
that  every  county  shall  be  entitled  to  at  least  one  annual  appoint- 
ment. Said  students  shall  be  entitled,  free  of  any  cost  whatever,  to 
the  benefits  enumerated  above  for  the  term  of  years  necessary  to 
complete  the  course  of  study  in  which  he  or  she  matriculates  for 
graduation,  or  during  good  behavior.  All  beneficiaries  of  the  State 
who  continue  students  for  one  consecutive,  collegiate  year,  or  ten 
months,  unless  unavoidably  prevented,  shall  also  be  entitled  to  their 
necessary  traveling  expenses  in  going  to  and  returning  from  said 
college.  The  selection  of  the  beneficiaries  shall  be  made  by  the 
Superintendents  of  Common  Schools  in  their  respective  counties,  upon 
competitive  examination,  on  subjects  prepared  by  the  faculty  of  the 
university  and  transmitted  to  said  Superintendents  before  the  first 
day  of  June  of  each  year.  Said  competitive  examinations  shall  be 
open  to  all  persons  between  the  ages  of  fourteen  and  twenty-four 
years.  Preference  shall  be  given,  other  things  being  equal,  to  those 
who  have  passed  with  credit  through  the  public  school,  persons  of 
energy  and  industry,  whose  means  are  small,  to  aid  whom  in  obtain- 
ing a  good  education  this  provision  is  intended.  Said  competitive 
examination  shall  be  held,  and  the  successful  competitor  appointed 
between  the  first  day  of  June  and  the  first  day  of  August  of  each 
year.  It  shall  be  the  duty  of  the  County  Superintendent  to  make 
known  the  benefits  of  this  provision  to  each  common  school  district 
under  his  superintendency,  with  the  time  and  place,  when  and  where 
such  competitive  examination  shall  be  held.  He  shall  for  this  pur- 
pose, appoint  a  board  of  examiners,  whose  duty  it  shall  be  to  conduct 
the  examination.  This  shall  not  interfere  with  any  appointment 
already  made  to  said  college." 

§  443.— Free  Tuition  to  Certain  Students. — That  the  Board  of 
Trustees  of  said  university  may  within  their  discretion,  concede  the 
privilege  of  free  tuition  to  students  who  are  preparing  for  the  min- 
istry in  connection  with  any  white  religious  denomination. 

§  444.— Bi-partisan  Board  After  January  1,  1910. — That  the  Board 
of  Trustees  shall,  from  and  after  January  1,  1910,  be  bi-partisan,  and 
the  Governor,  in  making  the  appointments  of  trustees,  shall  so  make 
them  as  to  divide  the  representation  upon  said  Board  equally  be- 

S.   L—  G 


162  THE  STATE  UNIVERSITY 

tween  the  two  leading  political  parties  of  this  Commonwealth,  in- 
cluding the  ex-officio  members  that  the  Superintendent  of  Public  In- 
struction shall  be  ex-officio  a  member  of  the  Board  of  Trustees. 

§  445. — That  the  Board  of  Trustees  have  authority,  out  of  the 
funds  under  their  control,  to  expend  an  amount  sufficient  to  meet 
£he  necessary  expenses  incurred  in  advertising  and  other  necessary 
changes  incident  to  the  change  of  the  style  and  title  of  the  said 
institution. 

§  446. — Location  Not  Changed — That  the  location  of  faie  institu- 
tion established  by  the  act  locating  the  Agricultural  and  Mechanical 
College  of  Kentucky,  approved  February  6,  1880,  shall  not  be  affected 
by  this  change  of  name. 

§  447. — That  all  acts  passed  by  the  Legislature  of  Kentucky,  and 
all  the  regulations  made  by  the  Board  of  Trustees  in  pursuance 
thereof,  for  the  government  of  the  agricultural  and  mechanical  col- 
lege, shall  continue  in  effect  and  apply  to  the  government  of  the 
State  University,  Lexington,  Kentucky,  except  to  the  extent  herein 
specifically  set  out. 

§  448. — That  all  students  attending  exclusively  the  law  or  med- 
ical department  of  the  university  shall  pay  the  usual  tuition  fees. 

§  449.— County  Certificates  May  Be  Issued  to  Students. — That  stu- 
dents, while  attending  the  State  University,  may  be  examined  for 
county  teachers'  certificates  by  the  board  of  examiners  of  Fayette 
County,  Kentucky,  and  on  the  dates  provided  in  the  common  school 
law  for  the  examination  of  teachers.  If  such  students  are  of  the  age 
and  character  required  by  law  in  the  case  of  other  candidates  for 
county  certificates,  the  County  Superintendent  of  Fayette  county 
shall  admit  them  to  examination  and  shall  collect  from  each  the  legal 
£ee,  with  fifty  cents  additional.  At  the  close  of  the  examination  the 
County  Superintendent  shall  transmit  by  registered  mail  the  exami- 
nation papers,  together  with  the  examination  fee,  to  the  County  Su- 
perintendent of  the  county  from  which  said  candidate  desires  his 
certificate  issued.  The  County  Board  of  Examiners  shall  canvass 
the  papers  sent  to  them  as  above  provided,  and  shall  issue  county 
certificates  upon  them  upon  the  same  terms  and  conditions  as  in  case 
of  candidates  appearing  in  person  for  examination. 

§  450. — Whereas,  the  change  of  name  of  -the  Agricultural  and 
Mechanical  College  to  'State  University,  Lexington,  Kentucky,  will 
necessitate  immediate  preparations  and  advertisement  in  order  to 
begin  university  work  by  September,  1908,  an  emergency  is  hereby 
declared  to  exist,  and  this  act  shall  take  effect  from  and  after  its 
passage  and  approval.  (Approved  .March  16,  1908.) 

Act    of    1912. 

§  451.— Appropriation  of  $50,000  for  State  University.— The  addi- 
tional sum  of  fifty  thousand  dollars  is  hereby  appropriated  for  the 
current  official  year  and  for  each  succeeding  year  for  the  benefit  of 
the  State  University,  Lexington,  Kentucky,  a  necessary  part  of  which 


KENTUCKY   SCHOOL,  LAWS   1914.  163 

shall  be  used  to  meet  as  far  as  possible  the  pressing  demands  for 
agricultural  instruction  and  instruction  in  domestic  science,  in  the 
Agricultural  College  of  said  university,  and  the  same  is  directed  to 
be  paid  by  Treasurer  of  State  to  the  Treasurer  of  said  university, 
upon  warrant  or  warrants  issued  by  the  Auditor  of  Public  Accounts, 
who  is  hereby  directed  to  draw  and  issue  said  warrants  for  the 
purpose  aforesaid. 

§  452. — Obligation  Not  To  Be  Contracted — Penalty. — It  shall  be 
illegal  for  any  officer,  trustee  or  any  person  in  any  way  connected 
with  the  Eastern  Kentucky  State  Normal  School,  the  Western  Ken- 
tucky State  Normal  School  or  the  State  University  of  Lexington, 
Kentucky,  to  contract  any  obligation  for  or  on  behalf  of  said  insti- 
tution, when  there  is  no  money,  or  sufficient  money,  in  their  re- 
spective treasuries,  or  has  been  no  money  appropriated  for  the  pur- 
pose for  which  said  contract  or  obligation  was  made,  and,  that  any 
of  the  said  persons  who  fail  to  comply  with  this  law,  shall  be  fined 
in  each  case,  not  less  than  two  hundred  and  fifty  dollars,  nor  more 
than  two  thousand  dollars,  or  confined  not  less  than  ten  days  in  jail 
nor  more  than  six  months,  or  both  so  fined  and  imprisoned. 

Act   of   1912. 

§  453. — Appropriation  of  $50,000  for  Experiment  Station. — There 
is  hereby  appropriated  to  the  Agricultural  Experiment  Station  of  the 
State  University,  Lexington,  Kentucky,  for  the  current  fiscal  year  and 
for  each  succeeding  year  thereafter,  fifty  thousand  dollars  for  the 
purpose  of  making  field  experiments  in  the  several  sections  of  the 
State  in  order  to  ascertain  by  chemical  and  physical  examination  of 
our  soils  and  by  direct  experiments  in  laboratory  and  fields  what 
crops  and  treatment  are  best  suited  to  each,  whether  the  present 
methods  are  tending  to  best  results  and  whether  to  the  preservation 
or  reduction  of  fertility,  and  what  rotation  and  treatment  will  be 
most  effective  in  retaining  productive  capacities  of  the  soils  of  the 
various  sections  of  the  State,  to  discover  and  demonstrate  the  best 
methods  of  orchard  treatment,  the  culture  and  marketing  of  fruits 
and  vegetables,  and  the  most  effective  remedies  for  insects  and 
diseases  of  fruit  and  vegetables,  and  to  make  a  systematic  study  of 
plant  breeding  and  development  by  means  of  crossing  and  selection 
of  new  and  improved  varieties  of  fruits  and  vegetables,  to  enable  said 
Station  to  conduct  investigations  calculated  to  develop  the  beef, 
pork  and  mutton  producing  interests  of  the  State,  and  especially  to 
devise  and  conduct  feeding  experiments  intended  to  demonstrate 
the  most  successful  combination  of  stock  foods,  and  to  discover,  if 
possible,  the  most  economical  and  successful  methods  of  maintain- 
ing animals  and  fitting  them  for  the  market,  for  pathological  investi- 
gations, and  to  investigate  live  stock  conditions  both  at  home  and 
abroad,  in  so  far  as  they  affect  market  values,  to  enable  said  Sta- 
tion to  conduct  investigations  for  the  purpose  of  developing  the  dairy 
interests  of  the  State,  and  including  feeding  experiments  for  produc- 


164  PARENTAL  HOME  AND  SCHOOL  COMMISSION 

tion  of  milk  and  butter,  and  the  rearing  of  calves,  and  the  study  of 
contagious  diseases  for  the  purpose  of  finding  remedies  therefor,  to 
enable  the  said  Station  to  conduct  investigations  for  the  purpose  of 
developing  the  horse  interests  of  the  State,  including  the  best  meth- 
ods of  feeding  and  breeding,  the  study  of  diseases,  and  thorough 
scientific  investigations  for  the  benefit  of  the  horse  industry  of  the 
State;  ten  thousand  dollars  ($10,000)  for  the  advancement  of  the 
poultry  interests  of  the  State,  including  experiments  in  breeding  for 
egg  production  and  methods  best  adapted  for  hatching  and  raising 
of  chicks  and  feeding  experiments  and  other  investigations  tending 
to  the  economical  production  of  poultry  and  eggs,  for  providing  the 
necessary  equipment  and  paying  the  expenses  of  the  extension  work 
of  said  Experiment  Station  in  order  to  bring  the  scientific  knowl- 
edge already  obtained,  and  that  hereafter  obtained,  in  the  lines  of 
agriculture  and  home  economics,  direct  to  the  farm  and  home,  by 
means  of  personal  visitation,  correspondence,  co-operative  demon- 
strations and  experiments  and  the  solution  of  local  problems  by 
Station  experts  visiting  the  locality  and  studying  the  problems  on 
the  farm,  toward  the  maintenance  of  said  Station,  and  for  the  pur- 
pose of  enlarging  the  hog  cholera  serum  and  serum  plant  now  at 
said  Station,  and  for  the  production  of  hog  cholera  serum  and  virus 
to  be  furnished  the  farmers  of  this  State  at  partial  cost  of  pro- 
duction and  not  to  exceed  one  cent  per  cubic  centimeter  and  to  be 
distributed  through  such  channels  as  the  Director  of  said  Experiment 
Station  may  deem  advisable  for  the  protection  of  the  swine  interests 
of  the  State. 

§  454. — Payment  to  be  Made  Quarterly. — The  sums  appropriated 
under  this  act  are  to  be  payable  quarterly  to  the  Treasurer  of  said 
Experiment  Station  out  of  moneys  in  the  treasury  of  the  Common- 
wealth of  Kentucky,  and  the  Auditor  for  the  payment  of  same  is  di- 
rected to  draw  his  warrant  upon  the  Treasurer  as  in  all  other  claims 
against  the  Commonwealth.  The  Board  of  Control  of  said  Experi- 
ment Station  shall  furnish  to  the  Auditor  of  Public  Accounts,  yearly, 
an  itemized  statement  of  the  money  expended  under  this  act. 

Emergency  Clause. — Whereas,  it  is  of  the  utmost  importance  that 
experiments  in  the  various  lines  should  be  undertaken  during  the 
coming  spring,  an  emergency  is  hereby  declared  to  exist,  and  this 
act  shall  take  effect  and  become  a  law  from  and  after  its  passage 
and  approval  by  the  Governor. 


CHAPTER   XXIII. 

PARENTAL    HOME    AND    SCHOOL    COMMISSION. 

§    455. — Parental    Home   and    School    Commission. — In   all   counties 

in  this  Commonwealth  wherein  there  is  a  city  of  the  first  class,  there 

shall  be  created  a  bi-partisan  commission  composed  of  seven  persons 

of  whom  two  shall  be  women,  and  three  of  whom  shall  belong  to  the 


KENTUCKY   SCHOOL  LAWS   1914.  165 

same  political  party  as  the  County  Judge,  and  four  of  whom  shall  be 
selected  from  that  party  that  at  the  last  general  and  preceding  elec- 
tion shall  have  cast  the  next  largest  vote,  which  shall  be  a  body- 
politic  and  corporate,  and  shall  be  known  as  the  "Parental  Home  and 
School  Commission,"  and  in  which  name  it  may  contract  and  may  be 
contracted  with,  sue  and  be  sued,  acquire  real  and  personal  estate  by 
gift  or  purchase,  and  do  all  other  acts  necessary  to  carry  out  the 
purposes  of  this  act. 

§  456. — Members  Appointed  by  County  Judge. — The  members  of 
said  commission  shall  be  appointed  by  the  County  Judge,  who  with 
the  County  Judge  as  a  member  ex-officio  shall  constitute  said  com- 
mission. Said  members  shall  be  appointed  for  a  term  of  two  years. 
Vacancies  in  said  commission  shall  be  filled  for  the  unexpired  term 
in  the  same  manner  as  the  original  appointment.  Said  Commissioners 
shall  serve  without  compensation. 

§  457. — Superintendent  May  Be  Employed. — Said  commission 
shall  have  power  to  appoint  a  Superintendent  at  a  salary  not  exceed- 
ing $2,000  per  year,  and  such  other  employees  as  may  be  necessary 
and  fix  their  compensation;  to  rent  and  purchase  farm  lands;  erect 
equip,  conduct  and  maintain  suitable  buildings  and  grounds  for  the 
care,  custody,  maintenance,  education  and  training  of  such  depend- 
ent, neglected  or  orphaned  children  as  may  be  committed  to  it  by 
order  of  the  County  Judge,  or  Juvenile  Court  Judge,  and  to  make  all 
needful  rules  for  the  conduct  and  maintenance  of  the  said  Parental 
Home  and  School,  which  in  their  judgment  seems  proper,  and  may 
not  be  in  conflict  with  the  law. 

§  458. — Tax  'Levy  to  Maintain. — In  order  to  provide  money  for  the 
purchase  of  farm  lands  and  to  erect  and  equip  necessary  buildings 
for  the  needs  and  purposes  of  the  Parental  Home  and  School,  and  to 
maintain  the  same,  the  Fiscal  Court  is  empowered  to  levy  and  collect 
a  tax  of  two  cents  or  less  annually  on  each  one  hundred  dollars  worth 
of  property  as  shown  in  the  last  returned  assessment,  as  may  be 
necessary  and  to  set  the  same  apart  as  a  separate  fund  for  the  pur- 
poses of  this  act  until  a  sufficient  amount  shall  have  been  accumu- 
lated for  the  purchase  of  said  farm  lands  and  the  erection  and  equip- 
ment of  suitable  and  sufficient  buildings  for  the  conduct  of  said 
Parental  Home  and  School,  and  said  fund  shall  be  used  only  for  the 
purpose  for  which  it  was  created:  Provided,  that  any  fund  heretofore 
set  apart  by  the  Fiscal  Court  for  the  care  and  custody  of  dependent 
children  shall  be  placed  to  the  credit  of  the  Parental  Home  and 
School  Commission,  and  may  be  at  once  used  by  said  Commission 
in  the  purchase  of  farm  lands  and  equipment,  and  the  general  pur- 
poses of  this  act. 

All  sums  derived  from  taxation  for  the  purchase  of  lands  and  the 
erection,  equipment  and  maintenance  of  the  buildings  and  institu- 
tions, including  any  fund  heretofore  set  apart  and  now  on  hand  for 
the  care  and  custody  of  dependent  children  shall  be  paid  over  to  said 
Commission  for  the  purposes  herein  set  forth. 


166  STATE    NORMAL    SCHOOLS 

CHAPTER  XXIV. 
STATE    NORMAL    SCHOOLS. 

§  459 — state  Normal  School  Created — Committee  to  be  Appointed 
to  Fix  Boundaries, — That  the  State  of  Kentucky  be  divided  into  two 
State  Normal  School  districts,  and  that  they  be  called  the  Eastern 
Kentucky  State  Normal  School  District  and  the  Western  Kentucky 
State  Normal  School  District,  and  that  there  be  established  and 
maintained  two  State  Normal  Schools  in  this  State  as  follows:  The 
Eastern  Kentucky  State  Normal  School,  located  in  the  Eastern  Nor- 
mal School  District  at  Richmond,  Kentucky,  and  the  Western  Ken- 
tucky State  Normal  School,  located  in  the  Western  Normal  School 
District,  at  Bowling  Green,  Kentucky,  the  boundaries  of  which  two 
Normal  School  Districts  shall  be  fixed  the  year  following,  and  on  the 
basis  of  every  federal  census,  by  a  commission  consisting  of  the 
State  Superintendent  of  Public  Instruction  and  the  President  of  the 
Eastern  and  Western  Kentucky  State  Normal  Schools,  and  which 
districts  shall  always  be  as  near  equal  as  may  be  in  white  popu- 
lation. (Section  as  amended  by  Act  of  1908.) 

§  460. — Objects. — The  object  of  said  State  Normal  Schools  shall 
be  to  more  fully  carry  into  effect  the  provisions  of  section  one  hun- 
dred and  eighty-three  of  the  Constitution  of  Kentucky,  by  giving  to 
the  teachers  of  the  Commonwealth  such  training  in  the  common 
school  branches  in  the  science  and  art  of  teaching,  and  in  such 
other  branches  as  may  be  deemed  necessary  by  the  Normal  Exec- 
utive Council,  hereinafter  created,  as  will  enable  them  to  make  the 
schools  throughout  the  State  efficient. 

§  461. — Boards  of  Regents  Created. — There  is  hereby  created  a 
Board  of  Regents  for  each  of  said  Normal  Schools,  to  be  known,  re- 
spectively, as  "The  Board  of  Regents  for  Normal  School  District 
No.  1,"  and  the  "Board  of  Regents  for  Normal  School  District  No.  2." 
Said  board  shall  have  perpetual  succession,  with  power  to  contract 
and  be  contracted  with,  to  sue  and  be  sued,  to  plead  and  be  im- 
pleaded,  to  receive  by  any  legal  mode  of  conveyance  property  of  any 
description,  and  to  have  and  to  hold  and  enjoy  the  same;  also  to 
make  and  use  a  corporate  seal  with  power  to  alter  the  same;  to 
adopt  by-laws,  rules  and  regulations  for  the  government  of  their 
members,  official  agents  and  employes:  Provided,  such  by-laws  shall 
not  conflict  with  the  Constitution  of  the  United  States  or  with  the 
Constitution  of  the  State  of  Kentucky. 

§  462. — The  Board  of  Regents  for  each  of  said  schools  shall  be 
composed  of  five  members,  including  the  Superintendent  of  Public 
Instruction,  who  shall  be  a  member  and  chairman  of  each  of  said 
boards. 

§  463. — Appointment  and  Terms  of  Board  of  Regents. — Within 
thirty  days  after  the  selection  of  the  Normal  School  sites,  as  herein- 
after provided,  the  Governor  shall  appoint  four  regents  for  each  ot 
said  Normal  Schools,  two  of  which  shall  serve  for  two  years  and  two 


KENTUCKY   SCHOOL  LAWS   1914.  167 

for  four  years,  and  until  their  successors  are  appointed  and  qualified; 
and  two  members  shall  be  appointed  in  like  manner  every  two 
years  thereafter  to  serve  for  a  term  of  four  years  each;  and,  when- 
ever a  vacancy  or  vacancies  occur  in  either  of  said  board  by  death, 
resignation,  removal  from  district,  or  by  the  operation  of  this  law, 
or  otherwise,  the  Governor  shall,  in  like  manner,  immediately  ap- 
point some  competent  person  or  persons  to  fill  such  vacancy  or 
vacancies.  The  person  or  persons  so  appointed  shall  hold  office  for 
the  unexpired  term:  Provided,  that  no  two  members  of  either  of  said 
boards  shall  be_  residents  of  any  one  county,  and  that  not  more  than 
three  members  of  any  of  said  boards,  including  the  Superintendent 
of  Public  Instruction,  shall  belong  to  the  same  political  party. 

§  464. — Said  agents  shall  hold  their  offices  for"  a  term  of  four 
years  from  the  first  day  of  April  next  preceding  their  appointment 
and  until  their  successors  are  duly  appointed  and  qualified,  except 
such  as  may  be  appointed  to  fill  vacancies,  who  shall  hold  office  for 
the  unexpired  term  only. 

§  465. — Election  of  officers  of  Board. — Each  of  said  Board  of  !Re- 
gents  shall  hold  its  first  meeting  within  thirty  days  after  its  ap- 
pointment, the  time  and  place  of  meeting  to  be  designated  by  the 
Superintendent  of  Public  Instruction,  who  shall  administer  the  oath 
of  office  to  each  member.  At  this  meeting  there  shall  be  selected 
a  vice-president  and  a  secretary  for  each  of  said  boards.  Said  board 
shall  also  appoint  a  treasurer  and  such  officers  as  it  may  deem 
necessary,  but  no  member  of  either  of  said  boards  shall  be  selected 
as  treasurer. 

§  466. — Meetings  to  be  Held  by  Board. — Each  board  shall  meet 
quarterly  at  such  time  and  places  as  may  be  agreed  upon  and,  until 
the  buildings  are  arranged  for  and  completed,  and  as  much  oftener 
as  may  be  necessary,  but  thereafter  the  regular  meetings  of  each  of 
said  boards  shall  be  held  at  its  respective  Normal  School  building. 

§  467. — A  majority  of  the  members  of  said  board  shall  constitute 
a  quorum  for  the  transaction  of  business,  but  no  appropriation  of 
money,  nor  any  contract  which  shall  require  any  appropriation  or 
disbursement  of  money,  shall  be  made,  nor  teacher  employed  or  dis- 
missed, unless  a  majority  of  all  the  members  of  the  board  shall 
vote  for  the  same. 

§  468. — Powers  and  Duties. — Each  Board  of  Regents  shall  have 
general  control  and  management  of  its  Normal  School;  shall  possess 
full  power  and  authority  to  adopt  all  needful  rules  and  regulations 
for  the  guidance  and  supervision  of  the  conduct  of  the  students  of 
any  department  thereof;  to  enforce  obedience  to  such  rules,  to  in- 
vest the  faculty  with  the  power  to  suspend  or  expel  any  pupil  for 
disobedience  to  such  rules  or  for  any  contumacy,  insubordination  or 
immoral  conduct,  and  have  authority  to  appoint  or  dismiss  all  officers 
and  teachers,  to  require  such  reports  from  officers  and  instructors 


168  STATE    NORMAL    SCHOOLS 

as  it  may  deem  necessary,  to  appoint  a  treasurer  for  such  school  and 
to  determine  the  amount  of  his  bond,  which  amount  shall  not  be 
less  than  ten  thousand  dollars. 

§  469. — Normal  Executive  Council. — The  Superintendent  of  Public 
Instruction,  together  with  president  or  head  executive  officer  of 
each  State  Normal  School  herein  created,  shall  constitute  a  Normal 
Executive  Council,  whose  duty  it  shall  be  to  prescribe  the  course  of 
study  to  be  taught  in  each  State  Normal  School,  and  the  educational 
qualifications  for  admission  to  and  graduation  from  same. 

§  470. — At  the  first  meeting  of  the  Normal  Executive  Council, 
which  shall  occur  within  one  month  after  the  election  of  the  presi- 
dents of  the  said  Normal  Schools  herein  created,  there  shall  be 
elected  from  said  council  a  vice-president  and  a  secretary;  the  Su- 
perintendent of  Public  Instruction  shall  be  ex-officio  president  of 
the  council. 

§  471. — This  council  shall  hold  its  meetings  annually  or  as  much 
oftener  as  may  be  deemed  necessary,  at  the  State  Capitol,  or  at  one 
of  the  Normal  School  buildings,  the  place  of  meeting  to  be  determin- 
ed by  the  Superintendent  of  Public  Instruction,  and  a  majority  of  the 
members  shall  constitute  a  quorum. 

§  472. — Board  of  Regents  to  Confer  Certificates — Reports — Endorse- 
ment of  Certificate  by  Superintendent  of  Public  Instruction — County 
Superintendent  May  Revoke — Secretary  of  Board  of  Regents  Must 
Report  to  Superintendent  of  Public  Instruction. — Each  Board  of  Re- 
gents shall  have  full  power  and  authority  subject  to  the  approval  of 
the  State  Superintendent  of  Public  Instruction,  to  confer,  under  its 
corporate  seal,  upon  students  of  said  schools  the  following  certifi- 
cates, viz:  An  "Elementary  Certificate,"  and  "Intermediate  Certifi- 
cate" and  "Advanced  Certificate."  The  Elementary  Certificate  shall 
be  conferred  upon  the  completion  of  one  year's  work,  and  shall  en- 
title the  holder  thereof  to  teach  in  any  public  school  in  this  State  for 
the  period  of  two  years  from  the  date  thereof  without  further  ex- 
amination. The  Intermediate  Certificate  shall  be  conferred  upon  the 
completion  of  two  years'  work,  and  shall  entitle  the  holder  thereof 
to  teach  in  any  public  school  in  this  State  for  a  period  of  four  years 
from  the  date  thereof  without  further  examination.  The  Advanced 
Certificate  shall  be  conferred  upon  the  completion  of  three  years' 
work,  and  shall  entitle  the  holder  thereof  to  teach  in  any  public 
school  in  this  State  for  a  period  of  three  years  from  the  date  thereof 
without  further  examination,  and  if  at  the  end  of  the  three  years  a 
teacher  holding  an  Advanced  Certificate  shall  present  to  the  Board 
of  Regents  which  granted  the  same  satisfactory  evidence  of  success- 
ful teaching  during  said  period,  and  of  good  moral  character,  then  the 
Advanced  Certificate  may  be  extended  for  life,  or  good  behavior,  by 
said  Board,  subject,  however,  to  the  approval  of  the  State  Superin- 
tendent of  Public  Instruction;  and  it  shall  be  so  endorsed  by  the  said 
Board,  and  the  holder  thereof  shall  be  entitled  to  teach  in  any  public 


KENTUCKY   SCHOOL  LAWS   1914.  169 

school  in  this  State  during  good  behavior  without  further  examina- 
tion. The  official  endorsement  of  the  State  Superintendent  of  Public 
Instruction  shall  be  necessary  to  validate  any  certificate  or  extension 
thereof  above  named.  Any  certificate  may  be  revoked  for  cause  by 
the  Board  of  Regents  of  the  school  granting  the  same,  or  by  the 
State  Superintendent  of  Public  Instruction.  Any  County  Superin- 
tendent may,  for  cause,  revoke  for  his  county  any  certificate,  of 
which  revocation  immediate  notice  shall  be  given  to  the  State  Su- 
perintendent of  Public  Instruction,  and  he  shall  have  power  to  ap- 
prove or  reverse  such  revocation.  The  Secretary  of  the  Board  of 
'Regents  shall  annually  on  or  before  the  first  day  of  August,  transmit 
to  the  State  Superintendent  of  Public  Instruction  the  names  of  those 
receiving  such  certificates,  their  date  of  issue,  and  the  place  of  resi- 
dence of  each  holder,  and  the  State  Superintendent  shall  annually, 
not  later  than  August  the  15th,  forward  to  each  County  School  Su- 
perintendent a  printed  list  of  persons  holding  State  certificates  then 
in  force,  and  those  authorized  to  teach  under  the  provisions  of  this 
section,  giving  names,  residences,  dates  of  qualification,  and  by  whom 
conferred,  and  the  date  on  which  each  Normal  certificate  shall  ex- 
pire; and  the  holder  of  such  certificate  shall,  before  commencing  to 
teach  a  public  school  in  any  county  in  this  State,  notify  the  County 
Superintendent  thereof  of  such  fact,  give  date  of  qualification  and 
by  whom  conferred,  and  the  County  School  Superintendent  shall  ver- 
ify same  by  examination  of  the  list  sent  him  by  the  State  Superinten- 
dent, and  if  found  correct,  shall  duly  record  the  said  teacher  as  eli- 
gible to  teach  in  such  county. 

§  473. — Power  to  Remove  Officers  and  Fix  Compensation. — The 
Boards  of  Regents  shall  have  power  to  appoint  and  to  remove  the 
president,  professors  and  teachers  of  the  Normal  Schools,  to  fix 
their  compensation,  the  commencement  and  termination  of  their  re- 
spective terms  of  office,  not  to  exceed  two  years  for  any  one  term. 

§  474. — Causes  for  Removal  of  Officers  and  Teachers. — No  presi- 
dent, professor  or  teacher  shall  be  removed  except  for  incompetency, 
neglect  or  refusal  to  perform  his  duty,  or  for  immoral  conduct;  nor 
shall  such  president,  professor  or  teacher  be  removed  until  after 
ten  days'  notice  in  writing,  stating  the  nature  of  the  charges  pre- 
ferred; and  such  person  shall  have  an  opportunity  to  make  a  defense 
before  the  Board,  by  counsel  or  otherwise,  and  shall  be  allowed  to 
introduce  testimony,  which  shall  be  heard  and  determined  by  the 
Board.  In  every  case  of  the  suspension  or  expulsion  of  a  student  by 
the  faculty,  the  person  so  suspended  or  expelled  shall  be  allowed  to 
appeal  from  the  decision  of  the  faculty  to  the  Board  of  Regents,  and 
it  shall  be  the  duty  of  the  Board  of  Regents  to  prescribe  the  manner 
and  mode  of  proceeding  in  the  matter  of  such  appeal,  but  the  de- 
cision of  the  Board  of  Regents  shall  be  final. 

§  475. — Special  Meetings. — Upon  the  written  request  of  any  two 
members  of  the  Board  of  Regents,  or  at  the  request  of  the  faculty, 
signed  by  the  president  and  certified  by  the  secretary  thereof,  the 


170  STATE    NORMAL    SCHOOLS 

chairman  of  the  Board  of  Regents  may  call  a  special  meeting  and 
the  object  or  objects  thereof,  and  no  other  business,  shall  be  trans- 
acted at  such  meeting,  unless  all  the  members  of  the  Board  are 
present  and  consent  thereto. 

§  476. — Mileage  Allowed  Board. — No  member  of  the  Board  of 
Regents,  nor  member  of  the  Normal  Executive  Council,  shall  draw 
any  salary  for  services  as  such,  but  shall  receive  six  cents  per  mile 
for  every  mile  necessarily  traveled  in  going  to  and  from  each  meet- 
ing for  the  Board,  and  other  legitimate  expenses  to  be  paid  out  of 
the  contingent  fund  of  the  school. 

§  477. — board  and  Officers  Not  to  be  Interested  in  Sales  or  Con- 
tracts.— No  president,  professor,  teacher,  regent,  member  of  the 
Normal  Executive  Council,  or  other  officer  or  employe  shall  keep  for 
sale,  or  be  interested,  directly  or  indirectly,  in  any  contract  or  pur- 
chase for  the  building  or  repairing  any  structure,  or  for  fencing  or 
ornamenting  the  grounds,  or  furnishing  any  supplies  or  material  for 
the  use  of  said  Normal  School.  (Acts  of  1906.) 

§  478. — Annual  Report  to  the  State  Superintendent  of  Public  In- 
struction.— The  President  of  each  Normal  School  shall  make  to  his 
Board  of  Regents  written  reports  in  duplicate  during  the  month  of 
August  of  each  year,  which  shall  contain  a  full  account  of  all  re- 
ceipts of  moneys  from  appropriations,  tuitions,  fees  and  all  other 
sources,  and  the  disbursements  thereof,  and  for  what  purpose,  and 
the  condition  of  said  Normal  School;  shall  also  report  a  list  of  the 
names  and  places  of  residence  of  all  students  that  may  have  been 
taught  in  the  Normal  School  during  the  preceding  year,  the  number 
of  terms  enrolled,  the  number  of  days  each  has  taught  and  the 
amount  of  tuition  and  incidental  fees  paid;  one  of  which  reports 
shall  be  filed  in  the  office  of  the  Secretary  of  the  Board  of  Regents, 
and  the  other  transmitted  to  and  filed  in  the  office  of  Superintend- 
ent of  Public  Instruction  at  Frankfort,  Kentucky.  (Section  as  amend- 
ed by  Act  of  1908.) 

§  479. — Treasurer  to  Execute  Bond. — The  Treasurer  of  the  respec- 
tive Board  of  Regents,  before  he  enters  upon  the  duties  of  his  office, 
shall  enter  into  a  bond  to  the  Commonwealth  of  Kentucky,  with  not 
less  than  two  solvent  sureties  or  a  guarantee  company  authorized  to 
do  business  in  Kentucky,  in  a  sum  of  not  less  than  ten  thousand  dol- 
lars, to  be  approved  by  the  Board,  conditioned  that  he  will  faithfully 
perform  all  the  duties  required  of  him  by  law  as  such  Treasurer, 
which  bond  shall  be  filed  with  the  Secretary  of  the  Board. 

§  480. — Treasurer  to  Receive  and  Disburse  Moneys — Compensation 
— It  shall  be  the  duty  of  the  Treasurer  of  the  Board  to  receive  and 
disburse  all  moneys  under  the  control  of  the  Board  of  Regents  and 
perform  all  such  acts  as  pertain  to  his  office,  under  the  direction  of 
the  Board  of  P events,  and  to  make  a  report  of  the  same  to  the  Board 
at  its  quarterly  meetings.  In  the  month  of  August  of  each  year,  the 
Treasurer  of  said  Board  shall  also  make  and  furnish  to  the  Board 
of  Regents,  to  be  by  it  transmitted  to  the  State  Superintendent  of 


KENTUCKY   SCHOOL  LAWS   1914.  171 

Public  Instruction,  an  abstract  ofw  which  shall  contain  full  account  of 
all  moneys  received  and  disbursed  by  the  school  during  the  preced- 
ing year,  stating  from  what  source  received  and  on  what  account 
paid  out,  and  the  amount  paid  to  each  professor,  teacher  or  other 
officer  of  the  school;  and  on  or  before  the  second  Monday  in  January, 
one  thousand  nine  hundred  and  eight,  and  every  two  years  thereafter, 
said  Treasurer  shall  also  report  to  the  Board  of  Regents,  to  be  by  it 
transmitted  to  the  General  Assembly,  an  itemized  statement  of  all 
receipts  and  expenditures  for  the  two  calendar-  years  preceding, 
showing  minutely  all  disbursements  of  moneys  received  from  the 
State  or  other  sources.  The  compensation  of  the  Treasurer  shall  be 
fixed  by  the  Board  of  Regents. 

§  481. — Duties  of  Secretary — Compensation. — It  shall  be  the  duty 
of  the  Secretary  of  the  Boards  to  keep  and  preserve  all  records, 
books  and  papers  belonging  to  the  Board.  He  shall  keep  a  journal 
of  the  proceedings  of  the  Board,  in  which,  if  requested  by  any  mem- 
ber of  the  Board  of  Regents,  the  ayes  and  noes  on  all  questions  shall 
be  entered.  He  shall  prepare,  under  the  direction  of  the  Board,  all 
reports,  estimates  and  to  execute  all  such  matters  as  belong  to  his 
office.  His  compensation  shall  be  fixed  by  the  Board. 

§  482. — Provisions  for  Payment  of  Indebtedness. — The  respective 
Boards  of  Regents  shall,  at  their  regular  meetings,  provide  for  the 
payment  of  any  indebtedness  of  the  school,  and  for  that  purpose 
they  shall  set  apart  all  moneys  which  may  be  derived  from  tuition  or 
other  fees  paid  by  students  to  the  payment  of:  First,  the  incidental 
expenses  of  such  school;  and,  second,  the  payment  of  such  indebted- 
ness; and  until  such  indebtedness  shall  be  fully  paid  off,  no  part  of 
the  fund  derived  from  tuition  or  other  incidental  fees  shall  be  used 
for  the  payment  of  professors,  teachers  or  other  officers  or  employes 
of  such  school,  nor  shall  the  Board,  until  such  indebtedness  be  fully 
paid,  make  any  contract  for  the  hire,  employment  or  payment  of 
professors,  teachers  or  other  officials,  or  employes  of  such  schools 
that  will  be  a  greater  sum  of  money  for  the  annual  payment  thereof 
than  the  amount  of  the  appropriation  by  the  State  for  the  support 
of  said  school  for  that  year. 

§  483. — All  appropriations  made  by  the  General  Assembly  for  the 
support  of  Normal  Schools,  or  for  the  benefit  thereof,  and  all  grants, 
gifts,  bequests  or  donations  by  any  individual  or  corporation  for  a 
specified  use  shall  be  applied  to  such  use  or  uses  and  no  other.  (Acts 
of  1906.) 

§  484. — Gratuitous  Instruction — Pupils — How  Chosen. — Each  county 
in  the  State  shall  be  the  unit  of  appointment;  and  each  county  shall 
be  entitled  annually  to  appointment  to  free  tuition  in  the  Normal 
School  of  the  district  in  which  it  is  located,  of  one  white  pupil  for 
every  five  hundred,  and  fraction  thereof  over  two  hundred  and  fifty, 
of  white  school  children,  based  on  the  last  official  school  census  pre- 
ceding the  appointment.  Said  pupils  so  appointed  shall  be  chosen  as 
follows:  The  Superintendent  of  Schools  in  each  county  shall  receive 


172  STATE    NORMAL    SCHOOLS 

and  register  the  names  of  all  applicants  for  admission  to  said  schools 
and  shall  examine  such  applicants  at  such  time  and  in  such  manner 
as  the  Normal  Executive  Council  may  direct,  and  the  applicants 
found  to  possess  the  highest  qualifications,  and  who  are  of  good 
character,  shall  be  accepted  as  the  pupils  to  which  said  county  is  en- 
titled. Said  appointment  shall  be  for  the  full  term  of  the  prescribed 
course  of  study  in  the  school;  any  vacancy  in  any  county  may  be 
filled  in  the  same  manner  as  provided  for  regular  appointments. 
Should  the  number  of  appointees  in  attendance  during  any  term  not 
reach  the  number  allowed  for  the  county,  said  county  may  during  any 
other  term  appoint  alternates,  so  that  the  average  for  any  whole 
year  from  any  county  may  equal  the  number  to  which  it  is  entitled 
under  the  provisions  of  this  section.  The  Board  of  Regents  shall 
have  power,  in  case  any  pupil  so  appointed  shall  refuse  to  sign  and 
file  with  the  Secretary  of  said  Board  a  declaration  that  he  or  she 
will,  if  engagement  can  be  secured  by  reasonable  effort,  teach  in  the 
public  schools  of  this  State  not  fewer  than  two  years  upon  an  Ele- 
mentary Certificate;  not  fewer  than  three  years  upon  an  Intermediate 
or  Advanced  Certificate,  to  require  such  pupil  to  pay  such  fees  and 
tuitions  as  the  Board  may  prescribe.  (Section  as  amended  by  Acts  of 
1908.) 

§  485. — Model  or  Practice  School. — The  Board  of  Regents  of  each 
school  may  maintain  in  connection  with  the  said  Normal  Schools,  a 
model  and  practice  school,  under  the  supervision  of  thoroughly  train- 
ed teachers,  for  the  purpose  of  giving  observation  and  practice  work 
to  the  student  teachers. 

§  486. — Commission  to  Locate  the  Schools. — The  Governor  shall, 
within  thirty  days  after  this  act  becomes  a  law,  appoint  a  commission 
composed  of  seven  persons,  one  from  each  appellate  district  of  the 
State,  who  shall,  within  thirty  days  after  their  appointment,  meet  at 
Frankfort,  Kentucky,  on  a  date  fixed  by  the  Governor,  and  organize 
and  arrange  to  receive  from  those  localities  in  Kentucky  desiring  to 
secure  the  location  of  said  schools,  proposals  for  donations  of  suit- 
able sites  and  other  valuable  considerations,  and  shall,  within  ninety 
days  after  their  appointment,  locate  the  said  schools  in  said  Normal 
School  districts  at  the  place  making  the  most  advantageous  offers, 
all  things  considered.  All  proposals  for  sites  or  locations  for  the 
schools  shall  be  in  writing,  and  shall  be  entered  at  large  on  the 
records  of  the  commission,  and  the  findings  of  the  commission  fixing 
the  locations  shall  be  in  writing  and  entered  at  large  on  the  records 
of  the  said  commission:  Provided,  That  no  town  or  city  shall  be 
selected  for  the  location  of  said  school  which  does  not  have  facilities 
for  a  good  water  supply  and  other  conveniences  necessary  for  the 
institution. 

§  487. — Appropriation. — In  order  to  enable  the  Boards  of  Regents 
to  carry  into  effect  the  provisions  of  this  act,  there  is  hereby  appro- 
priated the  sum  of  ten  thousand  dollars  ($10,000)  to  be  divided  equal- 


KENTUCKY    SCHOOL  LAWS    1914.  173 

ly  between  the  two  Normal  schools  herein  provided  for,  for  the  pur- 
pose of  equipping  suitable  buildings,  improving  grounds,  etc.,  and 
the  sum  of  forty  thousand  dollars  ($40,000)  annually  to  be  divided 
equally  between  the  two  schools  for  the  purpose  of  defraying  the 
salaries  of  teachers  and  other  current  expenses:  Provided,  That  the 
latter  appropriation  shall  not  become  effective  for  any  school  until 
the  buildings  have  been  equipped  and  the  school  regularly  opened. 

§  488. — Deeds  to  be  Made  to  Commonwealth. — The  money  hereby 
appropriated  for  equipment  shall  be  available  immediately  for  each 
of  said  Normal  schools  upon  the  delivery  of  a  good  general  warranty 
deed,  conveying  to  the  Commonwealth  the  property  to  be  donated  as 
above  provided,  and  its  acceptance  by  the  locating  commission.  The 
money  appropriated  under  this  act  for  equipment  and  maintenance  of 
the  schools  shall  be  disbursed  as  follows,  viz:  The  chairman  and  sec- 
retary of  the  Board  of  Regents  shall  draw  their  warrants  for  the 
equipment  and  maintenance  of  each  school  provided  for  under  this 
act  on  the  Auditor  of  Public  Accounts,  payable  to  the  Treasurer  of 
each  Normal  School,  and  upon  receipt  of  said  draft  by  the  Auditor,  he 
shall  draw  his  warrant  for  the  proper  amount  upon  the  Treasurer  of 
the  State.  The  money  authorized  to  be  paid  out  of  the  State  Treas- 
ury under  this  act  shall  be  paid  out  of  the  general  funds  not  other- 
wise appropriated. 

§  489. — Whereas,  in  order  to  open  during  the  present  year  the 
Normal  schools  provided  for  in  this  act,  it  is  necessary  that  the  same 
become  effective  as  soon  as  possible;  and,  whereas  a  public  necessity 
exists  for  the  immediate  establishment  and  opening  of  Normal  schools 
in  this  State,  in  order  to  make  its  common  school  system  more  effect- 
ive as  required  by  the  Constitution  of  Kentucky,  an  emergency  is 
therefore  declared  to  exist,  and  this  act  shall  take  effect  from  and 
after  its  passage  and  approval  by  the  Governor.  (Acts  of  1906.) 

§  490. — May  Purchase  Lands — Condemnation  Proceedings — May 
Provide  for  Library — May  Sell  Real  Estate. — The  Board  of  Regents  of 
each  of  said  Normal  Schools  is  vested  with  power  to  purchase  addi- 
tional real  estate  when  in  its  judgment  the  same  is  necessary  for  the 
purposes  of  the  school.  If  the  Board  of  Regents  be  unable  to  agree 
with  the  owner  or  owners  of  such  real  estate  as  to  its'  value,  or  to 
purchase  the  same,  it  may  proceed  in  its  own  name,  in  any  court  hav- 
ing jurisdiction,  to  condemn  such  real  estate  in  the  same  manner  as 
provided  by  law  in  the  condemnation  of  lands  for  railroad  purposes. 
Real  estate  acquired  by  purchase  or  condemnation  shall  be  paid  out 
of  moneys  appropriated  to  said  school.  Each  Board  of  'Regents  may, 
on  such  terms  as  it  may  regard  best  for  the  school,  lease  or  donate  a 
lot  of  land  for  the  purpose  of  securing  the  erection  of  a  library 
thereon;  each  Board  mav  also  erect  or  lease  another  for  a  term  of 
years  any  necessary  buildings  or  grounds.  Each  Board  of  Regents 
may,  when  it  regards  the  same  to  be  best  for  its  school,  sell  and  con- 


174  STATE    NORMAL    SCHOOLS 

vey  any  real  estate  or  buildings  now  owned  by  it,  but  the  proceeds 
arising  from  such  sale  must  be  reinvested  in  other  real  estate  and 
buildings  for  the  use  of  said  school. 

§  491. — Students  May  Take  Examination  for  County  Certificate.! — 
That  students,  while  attending  a  State  Normal  School  may  be  exam- 
ined for  .county  teachers'  certificate  by  the  Board  of  Examiners  of 
the  county  in  which  such  Normal  School  is  located,  and  on  the  date 
provided  in  the  common  school  law  for  examination  of  teachers.  If 
such  Normal  students  are  of  the  age  and  character  required  by  law 
in  the  case  of  other  candidates  for  county  certificates,  the  County  Su- 
perintendent of  the  county  in  which  the  Normal  School  they  are  at- 
tending is  located,  shall  admit  them  to  examination  and  shall  collect 
from  each  the  legal  fee,  together  with  fifty  cents  additional.  At  the 
close  of  the  examination  the  County  Superintendent  shall  transmit  by 
registered  mail,  the  examination  papers  of  each  student  candidate, 
together  with  the  examination  fee,  to  the  County  Superintendent  of 
the  county  from  which  said  candidate  desires  his  certificate  issued. 
The  County  Board  of  Examiners  shall  canvass  the  papers  sent  to 
them  as  above  provided,  and  shall  issue  county  certificates  upon  them, 
upon  the  same  terms  and  conditions  as  in  case  of  .candidates  appear- 
ing in  person  for  examination. 

§  492. — Appropriation  for  Buildings — May  Purchase  Additional 
Ground — Architect  May  be  Appointed — Advertisement  for  Bids — Bond 
to  be  Given  by  Successful  Bidder — Itemized  Account  to  be  Submitted. 
— That  the  sum  of  one  hundred  and  fifty  thousand  dollars,  or  so  much 
as  may  be  necessary  thereof,  be,  and  the  sime  is,  hereby  appropriated, 
for  the  benefit  of  the  Eastern  Kentucky  State  Normal  School,  Rich- 
mond, Kentucky,  for  the  erection  and  equipment  of  a  suitable  dormi- 
tory for  the  accommodation  of  the  male  students;  also  for  the  erec- 
tion and  equipment  of  an  addition  to  the  dormintory  for  the  accom- 
modation of  the  female  students;  also  for  the  erection  and  equipment 
of  a  model  school  building;  also  for  the  erection  and  equipment  of  a 
practice  school  building;  also  for  the  erection  and  equipment  of  an 
administration  building;  also  for  the  erection  and  equipment  of  a  cen- 
tral heating  plant,  and  for  the  necessary  repair  and  equipment  of  the 
present  buildings  of  said  institution.  All  of  said  buildings  shall  be 
erected  upon  the  grounds  owned  by  said  institution,  or  upon  grounds 
that  may  be  acquired  by  purchase  by  the  Board  of  Regents  of  said 
institution.  If,  in  the  judgment  of  the  said  Board  of  Regents,  the  pur- 
chase of  additional  grounds  may  be  necessary  for  the  accommodation 
of  the  new  buildings  herein  contemplated  or  for  the  proper  conducting 
of  said  school,  they  may  make  such  necessary  purchase  and  pay  for 
the  same  out  of  the  money  hereby  appropriated.  The  title  to  such 
real  estate  shall  be  made  to  and  held  by  the  Commonwealth  of  Ken- 
tucky for  the  use  and  benefit  of  said  school.  The  said  Board  of  Re- 
gents is  vested  with  a  sound  discretion  as  to  the  order  of  construc- 
tion, and  as  to  the  location  of  the  improvements  herein  set  forth, 
or  In  giving  preference  to  such  other  improvements  as  will  best  pro- 


KENTUCKY   SCHOOL  LAWS   1914.  175 

mote  the  interest  of  the  school,  provided  the  total  expenditure  shall 
not  exceed  the  amount  herein  appropriated.  The  said  Board  of  Re- 
gents shall  appoint  a  competent  architect  or  architects  to  prepare, 
under  their  direction,  plans  and  specifications  for  the  buildings  afore- 
said, and  shall  contract  with  responsible  parties  for  the  erection 
and  equipment  of  same.  All  contracts  under  this  act  for  material 
and  labor,  or  for  the  erection  of  any  and  all  buildings  and  improve- 
ments and  for  the  equipment  for  the  same  for  the  purpose  men- 
tioned in  this  act,  shall  be  let  to  the  lowest  and  best  bidder,  after 
the  same  is  duly  advertised  by  notice  for  at  least  one  month  in  a 
weekly  or  semi-weekly  newspaper  published  in  the  city  of  'Rich- 
mond, Kentucky,  which,  in  the  judgment  of  the  said  Board  of  Re- 
gents, has  the  largest  circulation.  The  successful  bidder  or  bid- 
ders in  each  case  shall  enter  bond  to  the  Commonwealth  of  Ken- 
tucky for  the  benefit  of  said  Normal  School  in  a  sum  not  less  than 
twenty-five  per  cent,  of  the  contract  price  or  sum  for  the  comple- 
tion of  the  work  in  the  manner  and  within  the  time  set  out  in  the 
contract  or  contracts.  The  manner  and  time  shall  be  fully  and 
in  detail  set  out  in  said  contract.  The  money  hereby  appropriated 
shall  be  paid  to  the  Treasurer  of  the  said  Normal  School  from  time 
to  time,  as  the  improvements  contemplated  in  this  act  may  require, 
and  it  shall  be  the  duty  of  the  Auditor  of  Public  Accounts  to  draw 
his  warrant  or  warrants  upon  the  Treasurer  of  the  State  in  favor  of 
the  Treasurer  of  said  Normal  School  for  an  amount  or  amounts  as  the 
said  Treasurer  of  said  Normal  School  may,  countersigned  by  the 
State  'Superintendent  of  Public  Instruction,  certify  to  him  from  time 
to  time  is  necessary  and  needed  in  carrying  out  the  provisions  of  this 
act:  Provided,  however,  that  one-third  of  said  appropriation  shall  be 
due  and  payable  on  December  1, 1908;  one-third  thereof  shall  be  due  and 
payable  on  July  1,  1909,  and  one-third  thereof  shall  be  due  and  pay- 
able on  July  1,  1910.  The  said  Board  of  Regents  shall  submit  to  the 
next  regular  session  of  the  General  Assembly  an  itemized  account 
and  statement  of  the  expenditures  made  for  the  purposes  herein 
named,  which  account  and  statement  shall  be  properly  certified  and 
audited;  and  if  any  of  the  funds  hereby  appropriated  remain  unex- 
pended after  the  additions  and  improvements  to  said  Normal  School 
herein  authorized  have  been  made,  the  same  shall  be  returned  to  the 
State  Treasurer  by  the  said  Board  of  Regents. 

§  493. — One  Hundred  and  Fifty  Thousand  Dollars  Appropriated  to 
Western  Kentucky  State  Normal  School — Building  May  Be  Erected — 
Additional  Grounds  May  Be  Purchased — Architect — Bond  by  the  Suc- 
cessful Bidder — Account  and  Statement  Must  Be  Submitted  to  Gen- 
eral Assembly. — That  the  sum  of  one  hundred  and  fifty  thousand  dol- 
lars, or  so  much  as  may  be  necessary  thereof  be,  and  the  same  is, 
hereby  appropriated  for  the  benefit  of  the  Western  Kentucky  State 
(Normal  School,  Bowling  Green,  Kentucky,  for  the  erection  and  equip- 
ment of  a  suitable  dormitory  for  the  accommodation  of  male  students; 
also  for  the  erection  and  equipment  of  suitable  dormitory  for  the  ac- 


176  STATE    NORMAL    SCHOOLS 

commodation  of  female  students;  also  for  the  erection  and  equipment 
of  a  suitable  science  hall;  also  for  the  erection  and  equipment  of 
buildings  for  additional  class  rooms;  also  for  the  erection  and  equip- 
ment of  a  building  for  library  and  laboratories;  also  for  the  necessary 
repairs  and  equipment  of  the  present  building  of  said  institution.  All 
of  said  ouildings  shall  be  erected  upon  the  grounds  owned  by  said 
institution,  or  upon  such  grounds  as  may  be  acquired  by  purchase  by 
the  Board  of  Regents  of  said  institution.  If,  in  the  judgment  of  the 
said  Board  of  Regents,  the  purchase  of  additional  grounds  may  be 
necessary  for  the  accommodation  of  the  new  buildings  herein  con- 
templated or  for  the  proper  conducting  of  said  school,  they  may  make 
such  necessary  purchase  and  pay  for  same  out  of  the  money  herein 
appropriated.  The  title  to  such  real  estate  shall  be  made  to,  and 
held  by,  the  Commonwealth  of  Kentucky  for  the  use  and  benefit  of 
said  school.  The  said  Board  of  Regents  is  vested  with  a  sound  dis- 
cretion as  to  the  order  of  construction  and  as  to  the  location  of  the 
improvements  herein  set  forth,  or  in  giving  preference  to  such  other 
improvements  as  will  best  promote  the  best  interest  of  the  school, 
provided  that  the  total  expenditure  shall  not  exceed  the  amount  here- 
in appropriated.  The  said  Board  of  Regents  shall  appoint  a  compe- 
tent architect  or  architects  to  prepare,  under  their  direction,  plans 
and  specifications  for  the  buildings  aforesaid,  and  shall  contract  with 
responsible  parties  for  the  erection  and  equipment  of  same.  All  con- 
tracts under  this  act  for  material  and  labor,  or  for  the  erection  of  any 
and  all  buildings  and  improvements  and  for  the  equipment  for  the 
same  for  the  purposes  mentioned  in  this  act,  shall  be  let  to  the  low- 
est and  best  bidder  after  the  same  is  duly  advertised  for  ten  con- 
secutive days  in  a  daily  paper  published  in  Bowling  Green,  Kentucky, 
having  the  largest  circulation,  or  for  four  consecutive  weeks  in  the 
weekly  paper  published  in  said  city,  which,  in  the  judgment  of  the 
said  Board  of  Regents,  has  the  largest  circulation.  The  successful 
bidder  or  bidders  in  each  case  shall  enter  into  bond  with  the  Com- 
monwealth for  the  benefit  of  said  Normal  School  in  a  sum  not  less 
than  twenty-five  per  cent,  of  the  contract  price  or  sum  for  the  com- 
pletion of  the  work  in  the  manner  and  within  the  time  set  out  in 
the  contract  or  contracts,  and  manner  and  time  shall  be  fully  and 
in  detail  set  out  in  said  contract.  The  money  hereby  appropriated 
shall  be  paid  to  the  Treasurer  of  said  Normal  School,  from  time  to 
time  as  the  improvements  contemplated  in  the  act  may  require;  and 
it  shall  be  the  duty  of  the  Auditor  of  Public  Accounts  to  draw  his 
warrant  or  warrants  upon  the  Treasurer  of  the  State  in  favor  of  the 
Treasurer  of  said  Normal  School  for  an  amount  or  amounts  as  said 
Treasurer  of  said  Normal  School  may,  countersigned  by  the  State 
Superintendent  of  Public  Instruction,  certify  to  him  from  time  to 
time  is  necessary  and  needed  in  carrying  out  the  provisions  of  this 
act:  Provided,  however,  that  one-third  of  said  appropriation  shall  be 
due  and  payable  on  December  1,  1908,  one-third  thereof  shall  be  due 
and  payable  on  July  1,  1909,  and  one-third  thereof  shall  be  due  and 


KENTUCKY   SCHOOL  LAWS    1914.  177 

payable  on  July  1,  1910.  The  said  Board  of  Regents  shall  submit  to 
the  next  regular  session  of  the  General  Assembly  an  itemized  account 
and  statement  of  the  expenditures  made  for  the  purpose  herein 
named,  which  account  and  statement  shall  be  properly  certified  and 
audited,  and  if  any  of  the  funds  hereby  appropriated  remain  unex- 
pended after  additions  and  improvements  to  said  Normal  School 
herein  autnorized  have  been  made,  the  same  shall  be  returned  to  the 
State  Treasurer  by  the  said  Board  of  Regents. 

§  494. — Twenty  Thousand  Dollars  Annually  Appropriated  to  The 
Eastern  Kentucky  State  Normal  School — Thirty  Thousand  Dollars 
Appropriated  Annually  to  the  Western  State  Normal  School. — That  in 
order  to  provide  additional  income  to  meet  the  additional  annual  ex- 
penditures of  each  of  said  institutions  respectively,  that  the  addi- 
tional sum  of  twenty  thousand  dollars  is  hereby  appropriated  for  the 
current  fiscal  year  and  for  each  succeeding  year  for  the  benefit  of  the 
Eastern  Kentucky  State  Normal  School,  and  the  same  is  directed 
to  be  paid  by  the  Treasurer  of  the  State  to  the  Treasurer  of  the  said 
Eastern  Kentucky  State  Normal  School  upon  warrant  or  warrants 
issued  by  the  Auditor  of  Public  Accounts,  who  is  hereby  directed  to 
draw  and  issue  said  warrants  for  the  purpose  aforesaid.  That  the 
additional  sum  of  thirty  thousand  dollars  is  hereby  appropriated  for 
the  current  fiscal  year  and  for  each  succeeding  year  for  the  benefit 
of  the  Western  Kentucky  .S'tate  Normal  School,  and  the  same  is  here- 
by directed  to  be  paid  annually  by  the  Treasurer  of  the  State  to  the 
Treasurer  of  the  said  Western  Normal  School  upon  warrant  or  war- 
rants issued  by  the  Auditor  of  Public  Accounts,  who  is  hereby  directed 
to  draw  and  issue  said  warrants  for  the  purpose  aforesaid. 

Act   of   1912. 

§  495.— Appropriation  of  $35,000  for  Eastern  Normal  School^The 
additional  sum  of  thirty-five  thousand  dollars  is  hereby  appropriated 
for  the  current  official  year,  and  for  each  succeeding  year  for  the 
benefit  of  the  Eastern  Kentucky  State  Normal  School,  a  necessary 
part  of  which  appropriations  shall  be  used  to  meet  as  far  as  pos- 
sible, the  pressing  demands  for  agricultural  instruction,  for  instruc- 
tion in  household  economics  and  for  manual  training  in  the  respec- 
tive departments  of  said  institution,  and  the  same  is  directed  to  be 
paid  by  the  Treasurer  of  the  State  to  the  Treasurer  of  the  said  Ken- 
tucky State  Normal  School,  upon  warrant  or  warrants  issued  by  the 
Auditor  of  Public  Accounts,  who  is  hereby  directed  to  draw  and  issue 
said  warrant  for  the  purpose  aforesaid. 

§  496. — Appropriation  of  $25,000  for  Western  Normal  School. — 
That  the  additional  sum  of  twenty-five  thousand  dollars  is  hereby  ap- 
propriated for  the  current  fiscal  year  and  for  each  succeeding  year 
for  the  benefit  of  the  Western  Kentucky  State  Normal  School,  a  nec- 
essary part  of  which  appropriations  can  be  used  to  meet  as  far  as 
possible  the  pressing  demands  for  agricultural  instruction,  for  in- 
structions in  household  economics  and  for  manual  training  in  the 
respective  departments  of  said  institution,  and  the  same  is  directed 


178  STATE    NORMAL    SCHOOLS 

to  be  paid  by  the  Treasurer  of  the  State  to  the  Treasurer  of  the  said 
Western  Kentucky  State  Normal  School,  upon  warrant  or  warrants 
issued  by  the  Auditor  of  Public  Accounts,  who  is  hereby  directed  to 
draw  and  issue  said  warrants  for  the  purpose  aforesaid. 

§  497.— Obligations  Not  to  be  Contracted— Penalties.— That  it  shall 
be  illegal  for  any  officer,  trustees  or  any  person  in  any  way  connected 
with  the  Eastern  Kentucky  State  Normal  School,  the  Western  Ken- 
tucky State  Normal  School  or  the  State  University  of  -Lexington, 
Kentucky,  to  contract  any  obligation  for  or  on  behalf  of  said  institu- 
tion, when  there  is  no  money,  or  sufficient  money,  in  their  respective 
treasuries  or  has  been  no  money  appropriated  for  the  purpose  for 
which  said  contract  or  obligation  was  made,  and,  that  any  of  the  said 
persons  who  fail  to  comply  with  this  law,  shall  be  fined  in  each 
case,  not  less  than  two  hundred  dollars,  nor  more  than  two  thousand 
dollars,  or  confined  not  less  than  ten  days  in  jail  nor  more  than  six 
months,  or  both  so  fined  and  imprisoned. 

§  498. — Statement  of  Facts. — Whereas,  there  was  conveyed  to  the 
"Commonwealth  of  Kentucky  for  the  use  of  the  Western  Kentucky 
State  Normal  School,  of  Bowling  Green,  Kentucky,  a  tract  of  land  by 
B.  F.  Cabell  and  wife;  another  by  E.  R.  Bagby  and  wife;  another 
by  James  B.  Hines  and  wife;  another  from  Pleasant  J.  Potter  College ; 
another  from  Martha  J.  Lewis;  another  from  George  Wallace  Loving, 
et  al;  another  from  Lon  D.  Hanes  and  wife;  another  from  J.  L.  Kol- 
lorohs  and  wife;  another  from  I.  D.  <McGoodwin  and  wife;  another 
from  M.  iH.  Crump  and  wife;  another  from  Carry  B.  Mitchell;  another 
from  B.  F.  Proctor  and  wife;  another  from  Daniel  McElwain  and  wife, 
by  deeds  all  of  which  are  now  of  record  in  the  clerk's  office  of  the 
County  Court  of  Warren  County,  Kentucky;  and  whereas,  said  lands 
have  been  improved  and  valuable  buildings  have  been  erected  on 
said  lands  for  the  use  of  said  school,  and  whereas,  the  cost  of  said 
buildings  and  the  improvements  exceeded  the  funds  in  the  hands  of 
the  Board  of  Regents  of  said  school,  and  whereas,  the  Commonwealth 
of  Kentucky  has  not  sufficient  money  in  the  treasury  to  meet  said 
deficit  at  the  present  time,  and  whereas,  said  debt  is  due  laborers 
and  materialmen  who  are  not  able  to  wait  for  payment  of  same. 

§  493. — Power  to  Sell  Property. — That  the  title  to  all  of  said  real 
estate,  all  of  which  is  situated  in  Warren  County,  Kentucky,  be  and 
the  same  is  transferred  to  and  vested  in  the  corporation  known  as 
"The  Board  of  Regents  for  Normal  School  District  No.  2;"  and  that 
said  Board  of  Regents  be  and  it  is  hereby  empowered  to  sell  and  con- 
vey such  part  or  parts  of  the  said  real  estate  now  owned  as  in  its 
judgment  is  not  necessary  to  the  welfare  of  said  school.  Provided, 
that  no  conveniences  being  provided  for  shall  become  effective  until 
approved  by  the  Board  of  Sinking  Fund  Commissioners,  which  ap- 
proval shall  be  endorsed  upon  said  conveyance,  and  provided  further, 
that  all  funds  realized  from  any  sale  authorized  herein  shall  be  ap- 
plied to  the  payment  of  the  indebtedness  as  exists  against  said  West- 
ern Normal  School. 


KENTUCKY   SCHOOL,  LAWS   1914.  179 

§  500. — Money  May  Be  Borrowed. — And  it  is  also  authorized  and 
empowered  to  borrow  a  sum  of  money  sufficient  to  meet  and  pay  said 
deficit  or  debt  arising  by  reason  of  the  erection  of  said  buildings  and 
improvements  and  otherwise,  and  to  execute  its  notes  or  bonds  for 
the  amount  or  amounts  so  borrowed  and  to  secure  the  payment  of 
such  notes  or  bonds,  said  board  is  hereby  authorized  and  empowered 
to  execute  a  mortgage  upon  any  or  all  of  said  real  estate;  and  is  fur- 
ther authorized  and  empowered  to  borrow  said  money  upon  such 
time  or  terms  as  it  may  deem  best  for  said  school,  but  the  rate  of 
interest  paid  upon  any  such  loans  shall  not  exceed  six  per  cent  per 
annum,  which  interest  shall  be  paid  as  the  same  falls  due  by  the 
Commonwealth  of  Kentucky. 

§  501. — Interest  Paid  by  State  Auditor. — The  chairman  and  Sec- 
retary of  said  Board  of  Regents  shall  draw  their  warrants  for  said  in- 
terest installments  as  they  fall  due  on  the  Auditor  of  Public  Accounts, 
payable  to  the  Treasurer  of  said  school,  and  upon  receipt  of  said 
draft  by  the  Auditor,  he  shall  draw  his  warrant  for  the  proper 
amount  upon  the  Treasurer  of  the  State.  The  money  authorized  to 
be  paid  out  of  the  State  Treasury  by  this  act  shall  be  paid  out  of  the 
general  funds  not  otherwise  appropriated. 

§  502. — Emergency  Clause. — Inasmuch  as  the  above  mentioned 
deficit  or  debt  is  chiefly  due  to  laborers  and  materialmen  who  have 
furnished  labor  and  materials  in  the  improvement  of  the  property  of 
the  State  of  Kentucky,  and  as  their  claims  are  long  since  past  due, 
therefore,  an  emergency  is  declared  to  exist  and  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval  by  the 
Governor. 


CHAPTER  XXV. 

KENTUCKY  NORMAL  AND  INDUSTRIAL  INSTITUTE. 
§  503. — Board  of  Trustees — Term  of  Office  Three  Years  from  July 
1st. — Treasurer  Elected  Biennially.— -The  State  Normal  School  for 
Colored  Persons,  established  by  an  act  of  the  General  Assembly,  ap- 
proved May  eighteenth,  one  thousand  eight  hundred  and  eighty-six, 
shall  hereafter  be  under  the  control  and  supervision  of  a  Board  of 
Trustees,  composed  of  the  Superintendent  of  Public  Instruction,  who 
shall  be  ex-officio  chairman  of  the  Board,  and  three  intelligent  and 
discreet  persons,  residents  of  Franklin  county,  to  be  appointed  by  the 
Governor  subject  to  the  approval  of  the  Senate,  who  are  hereby  con- 
stituted a  body-corporate,  with  power  to  sue  and  be  sued,  plead  and 
be  impleaded,  and  to  hold  in  trust  all  funds  and  property  now  owned 
by  said  school,  or  which  may  hereafter  be  provided  for  it,  and 
shall  be  known  and  designated  as  "The  Board  of  Trustees  of  the 
Kentucky  State  Normal  School  for  Colored  Persons."  The  term  of 
office  of  the  three  members  appointed  by  the  Governor  shall  begin 
on  the  first  day  of  July,  one  thousand  eight  hundred  and  ninety-three, 
and  one  member  thereof  shall  retire,  as  may  be  determined  by  lot,  at 


180  KY.   NORMAL  AND   INDUSTRIAL   INSTITUTE 

the  end  of  one  year  thereafter;  one  in  two  years,  and  the  other  in 
three  years;  their  successor  shall  be  appointed  by  the  Governor  for  a 
term  of  three  years;  they  shall  be  subject  to  removal  by  the  Governor 
for  cause,  and  he  is  authorized  to  fill  all  vacancies  occurring  by 
death,  resignation  or  otherwise.  Said  Board  shall  adopt  such  rules 
for  the  government  of  said  school,  not  inconsistent  with  law,  as  they 
deem  proper,  and  shall  supervise  all  its  interests,  provide  for  all  its 
wants,  confer  weekly  with  the  faculty,  and  require  formal  reports  of 
the  actual  condition  of  the  school  in  every  regard.  Tlfey  shall  bi- 
ennially, beginning  on  the  first  day  of  July,  1893,  elect  some  suitable 
person  outside  of  their  own  number  as  treasurer,  who,  before  enter- 
ing on  his  duty,  shall  give  bond  in  such  a  sum  as  they  may  prescribe, 
and  they  shall  agree  with  him  as  to  compensation:  Provided,  That  in 
no  case  shall  such  compensation  exceed  one  hundred  dollars  per 
annum. 

§  504. — Congress  Act,  July  2,  1862. — There  shall  be  maintained  in 
said  institution  a  department  for  the  education  of  colored  students 
in  agriculture  and  the  mechanic  arts,  and  for  said  purposes  said  board 
shall  be  entitled  to  receive  an  equitable  division  of  the  moneys  aris- 
ing from  the  sale  of  public  lands,  and  appropriated  to  the  State  of 
Kentucky  by  an  act  of  Congress,  approved  August  30,  1890,  entitled 
"An  act  to  apply  a  portion  of  the  proceeds  of  public  lands  to  the  more 
complete  endowment  and  support  of  the  college  for  the  benefit  of 
agriculture  and  the  mechanic  arts,  established  under  the  provisions  of 
an  act  of  Congress,"  approved  July  2,  1862. 

§  505. — Course  of  Study,  &c. — Said  Board  shall  prescribe  the  course 
of  study  for  the  said  Normal  school;  shall  select  the  instructors  and 
fix  their  salaries,  and  shall  determine  the  conditions,  subject  to  the 
limitations  hereinafter  specified,  on  which  pupils  shall  be  admitted  to 
the  privileges  of  the  school. 

§  506. — Admission  of  Pupils. — Any  pupil  to  gain  admission  to  the 
privileges  of  instruction  in  said  Normal  School,  shall  be  at  least  six- 
teen years  of  age,  possess  good  health,  satisfactory  evidence  of  good 
moral  character,  and  sign  a  written  pledge,  to  be  filed  with  the  prin- 
cipal, that  said  applicant  will,  as  far  as  practicable,  teach  in  the 
colored  common  schools  of  Kentucky  a  period  equal  to  twice  the 
time  spent  as  a  pupil  in  said  Normal  School,  together  with  such  other 
conditions  as  the  Board  may,  from  time  to  time,  impose.  But  no  such 
pledge  shall  be  required  of  pupils  who  matriculate  in  the  departments 
of  agriculture  or  mechanics. 

§  507. — Tuition. — Tuition  in  said  Normal  School  shall  be  free  to 
all  colored  residents  of  Kentucky  who  fulfill  the  conditions  as  set 
forth  in  the  preceding  section,  and  such  other  conditions  as  the 
Board  may  require.  The  Board  shall  fix  the  rate  of  tuition  and  the 
conditions  on  which  pupils,  who  are  residents  of  Kentucky,  may  be 
admitted  to  the  privileges  of  said  Normal  School. 

§  508. — Christian  Morals. — No  religious  tenets  shall  be  taught  in 
Bald  Normal  School,  but  a  high  standard  of  Christian  morality  shall 


KENTUCKY   SCHOOL  LAWS   1914.  181 

be  observed  in  its  management,  and,  so  far  as  practicable,  shall  be 
inculcated  in  the  minds  of  the  pupils. 

§  509. — Biennial  Report — Annual  Report. — The  Board  shall,  in  a 
body  or  by  a  majority  of  their  number,  visit  said  Normal  S'chool  once 
during  each  session,  witness  the  exercises,  and  otherwise  inspect  the 
condition  of  said  school,  and  they  shall  make  a  biennial  report  to 
the  Legislature,  setting  forth  the  financial  and  scholastic  condition 
or  said  Normal  School,  making  such  suggestions  as  in  their  opinion 
would  improve  the  same,  and  in  the  years  in  which  there  is  no  ses- 
sion of  the  Legislature,  they  shall  make  their  report  to  the  Governor. 

§  510.— Appropriation  $3,000.— The  sum  of  $3,000  shall  be  annually 
appropriated  out  of  the  State  treasury  to  pay  the  teachers  and  de- 
fray other  necessary  expenses  in  the  maintenance  of  said  Normal 
School,  which  amount,  together  with  the  sum  received  under  the  pro- 
visions of  said  act  of  Congress,  shall  be  set  apart  and  be  known  and 
held  as  the  Colored  Normal  School  Fund.  This  fund  shall  be  paid 
out  of  the  State  Treasury  only  on  the  warrant  of  the  Auditor,  drawn 
on  the  order  of  the  Board. 

§  511. — Certificates  of  Proficiency. — The  Board  is  authorized  to 
grant,  from  time  to  time,  certificates  of  proficiency  to  such  pupils 
as  shall  have  completed  the  prescribed  course  of  study  in  any  de- 
partment of  the  institution,  and  whose  moral  character  and  discip- 
linary relations  to  said  school  shall  be  satisfactory.  And  such  teachers 
as  shall  have  completed  the  prescribed  course  of  study  in  the  Nor- 
mal department,  and  exhibited  satisfactory  evidence  of  ability  to  in- 
struct and  manage  a  school,  shall  be  entitled  to  diplomas  appropri- 
ate to  such  degrees  as  the  Board  shall  confer  upon  them,  which 
diplomas  shall  entitle  them  to  teach  in  any  of  the  colored  common 
schools  of  this  State.  (Approved  May  22,  1893.) 

§  512. — Change  Title. — The  name  of  the  State  Normal  School  for 
Colored  Persons  is  hereby  changed  to  that  of  "The  Kentucky  Normal 
and  Industrial  Institute  for  Colored  Persons,"  and  its  Board  of  Trus- 
tees shall  be  known  as  "The  Board  of  Trustees  of  the  Kentucky 
Normal  and  Industrial  Institute  for  Colored  Persons." 

§  513. — President. — The  presiding  officer  of  the  institute,  who 
shall  be  selected  by  the  Board  of  Trustees,  shall  be  styled  the  "Pres- 
ident of  the  Institute,"  and  shall  be  the  chief  administrative  officer  of 
the  institution  under  the  control  of  the  Board  of  Trustees,  and  be 
ex-officio  a  member  of  the  Board  of  Trustees,  and  hold  his  office  in- 
definitely, at  the  will  of  the  said  Board,  but  the  Superintendent  shall 
have  no  vote  in  his  own  election  or  retention  in  office. 

§  514. — $15,000  Appropriated  for  Dormitory. — The  sum  of  fifteen 
thousand  dollars  is  hereby  appropriated  for  the  purpose  of  building 
a  dormitory  for  the  use  of  the  female  pupils  of  the  State  Normal 
School  for  Colored  Persons,  to  be  paid  by  the  Auditor  of  Public 
Accounts  out  of  any  money  in  the  treasury  not  otherwise  appropri- 
ateed,  on  the  written  order  of  the  chairman  of  the  Board  of  Trus- 
tees, as  the  work  progresses 


182  KY.    NORMAL   AND   INDUSTRIAL   INSTITUTE 

§  515 — $5,000  Appropriated  for  Support. — The  further  sum  of  five 
thousand  dollars  annually  is  hereby  appropriated  for  the  support  and 
conduct  of  said  institution,  to  be  paid  by  the  Auditor  of  Public  Ac- 
counts out  of  any  money  in  the  treasury  not  otherwise  appropriated, 
on  the  written  order  of  the  chairman  of  the  Board  of  Trustees  at  the 
same  time  the  other  annual  appropriation  is  paid.  (Acts  1902.) 

§  516. — The  sum  of  twenty  thousand  dollars  be  appropriated  for 
the  Kentucky  Normal  and  Industrial  Institute  for  Colored  Persons 
from  any  funds  in  the  treasury  not  otherwise  appropriated,  for  the 
accomplishment  of  the  aforementioned  purposes,  to-wit:  The  comple- 
tion of  a  girls'  dormitory  with  satisfactory  and  economical  plan  of 
heating  and  lighting;  the  providing  of  water  for  ordinary  use  and  for 
fire  protection;  the  providing  for  industrial  training  to  the  end  that 
the  colored-  youth  of  the  Commonwealth  may  be  trained  into  indus- 
trious habits  and  useful  trades,  as  the  trustees  of  the  institution  may, 
in  their  wisdom,  decide  best  and  most  practical.  (Approved  March 
20,  1906.) 

§  517. — $40,000  Appropriated  for  Buildings,  &c. — The  sum  of  forty 
thousand  dollars,  or  as  much  as  may  be  necessary  thereof,  be,  and 
the  same  is  hereby,  appropriated  for  the  benefit  of  the  Kentucky 
Normal  and  Industrial  Institute  for  Colored  Persons,  Frankfort,  Ken- 
tucky, for  the  purpose  of  paying  the  outstanding  indebtedness  here- 
tofore incurred  in  the  purchase  of  agricultural  lands;  also  for  the 
erection  and  equipment  of  an  auditorium  and  practice  school;  also 
for  the  erection  and  equipment  of  a  mechanical  shop;  also  for  the 
erection  and  equipment  of  electric  light  and  heating  plants,  and  for 
the  further  extension  of  the  water  system  of  said  institution. 

§  518. — Additional  Grounds  May  Be  Purchased. — If,  in  the  judg- 
ment of  the  said  Board  of  Trustees  the  purchase  of  additional  grounds 
may  be  necessary  for  the  accommodation  of  the  new  buildings  herein 
contemplated,  or  for  the  proper  conducting  of  said  institution,  they 
may  make  necessary  purchase  and  pay  for  the  same  out  of  the 
money  herein  appropriated.  (Approved  March  18,  1908.) 

§  519. — Appropriations  for  Buildings  $6,800 — Annual  Appropriation 
$3.000. — That  there  is  hereby  appropriated  out  of  the  general  rev- 
enue of  the  State  for  the  benefit  of  the  Kentucky  Normal  and  In- 
dustrial Institute  for  Colored  Persons  at  Frankfort,  Kentucky,  the 
following  named  sums  for  the  specific  purposes  named  and  set  out 
herein,  as  follows:  For  the  purpose  of  heating  the  administration 
building  and  purchasing  appropriate  apparatus  for  same,  the  sum  of 
Four  Thousand  Dollars  ($4,000.00)  is  hereby  appropriated.  For  the 
purpose  of  seating  the  auditorium  in  the  administration  building,  the 
sum  of  Sixteen  Hundred  Dollars  ($1,600.00)  is  hereby  appropriated. 
For  the  purpose  of  furnishing  the  President's  offices,  the  sum  of  Two 
Hundred  Dollars  ($200.00)  is  hereby  appropriated.  For  the  purpose 
of  furnishing  and  equipping  the  sewing  department,  the  sum  of  One 
Hundred  Dollars  ($100.00)  is  hereby  appropriated.  For  the  purpose 
of  furnishing  and  equipping  the  cooking  department,  the  sum  of  One 


KENTUCKY   SCHOOL  LAWS    1914.  183 

Hundred  and  Fifty  Dollars  ($150.00)  is  hereby  appropriated.  For  the. 
purpose  of  furnishing  and  equipping  one  room  for  the  model  school, 
the  sum  of  Fifty  Dollars  ($50.00)  is  hereby  appropriated.  For  the 
purpose  of  equipping  the  printing  department,  the  sum  of  Two  Hun- 
dred Dollars  ($200.00)  is  hereby  appropriated.  For  the  purpose  of 
equipping  the  mechanical  department,  the  sum  of  Two  Hundred  Dol- 
lars ($200.00)  is  hereby  appropriated.  For  the  purpose  of  equipping 
the  agricultural  department,  the  sum  of  Two  Hundred  Dollars 
($200.00)  is  hereby  appropriated.  For  the  purpose  of  equipping  the 
library,  the  sum  of  One  Hundred  Dollars  ($100.00)  is  hereby  appro- 
priated. WHBRE'AS,  There  are  now  valuable  buildings,  equipment 
and  other  property  without  any  maintenance  fund  for  the  care, 
growth  and  development  of  the  institution,  the  sum  of  Three  Thou- 
sand Dollars  ($3,000.00)  is  hereby  annually  appropriated  for  this 
purpose.  (Acts  of  1910.) 

Act   of   1912. 

§  520. — Appropriation  of  $17,500  for  Kentucky  Normal  and  Indus- 
trial Institute. — That  the  sum  of  seventeen  thousand  and  five  hundred 
dollars  ($17,500.00)  be  appropriated  to  The  Kentucky  Normal  and  In- 
dustrial Institute  for  Colored  Persons  from  any  funds  in  the  State 
Treasury  not  otherwise  appropriated  for  the  purpose  of  settling  an 
indebtedness  of  five  thousand  dollars  ($5,000.00)  a  central  heating 
plant,  eight  thousand  dollars  ($8,000.00);  a  laundry,  twenty-five  hun- 
dred dollars  ($2,500.00). 

§  521. — Annual  Appropriation  of  $2,000. — That  the  sum  of  two 
thousand  dollars  ($2,000.00)  annually  be  appropriated  for  the  equip- 
ment and  maintenance  of  the  training  of  students  in  such  useful 
trades  as  the  Board  of  Trustees  in  its  wisdom  may  direct. 


CHAPTER  XXVI. 
RULINGS  OF  THE  DEPARTMENT. 

When  a  graded  common  school  district  is  established  it  becomes 
a  permanent  corporation.  The  petition  to  the  county  judge  asking 
for  the  order  of  election  can  not  limit  the  time  the  proposed  graded 
school  district  is  to  exist.  The  organization  of  a  graded  school  dis- 
trict, authorizing  the  trustees  to  levy  a  tax  not  exceeding  the  sum 
named  in  the  petition,  does  not  make  the  levying  of  the  tax  obliga- 
tory on  the  Board;  it  merely  clothes  them  with  the  power  to  levy 
each  year.  They  may  reduce  the  amount  of  the  levy  any  year,  or 
may  remit  it  entirely  for  any  year. 

The  failure  of  a  teacher  to  attend  the  county  institute  does  not 
forfeit  the  certificate,  but  merely  renders  it  forfeitable  in  case  no 
legal  excuse  is  given.  Before  a  certificate  is  revoked  for  a  failure 
to  attend  the  institute  the  teacher  should  be  given  notice  to  appear 
and  show  cause,  if  he  can,  why  the  certificate  should  not  be  revoked. 


184  RULINGS   OF  THE  DEPARTMENT 

An  applicant  for  a  certificate  must  be  not  less  than  eighteen  years 
of  age  at  the  time  he  takes  the  examination. 

The  examinations  for  common  school  graduation  provided  for 
under  Section  7,  School  Law,  must  be  held  on  prescribed  days  in 
January  and  May — not  on  other  days,  nor  in  other  months.  The 
questions  must  be  prepared  for  these  special  days  by  the  State  Board 
of  Examiners — not  by  superintendents  or  teachers,  nor  can  the 
questions  be  given  out  on  other  dates.  The  examination  must  be 
conducted  by  the  County  Board  of  Examiners  and  cannot,  therefore, 
be  conducted  at  various  places  by  various  persons.  My  opinion  is 
that  these  examinations  are  to  be  held  under  the  same  general  re- 
strictions as  the  examinations  of  teachers. 

State  Diplomas  and  other  certificates  of  qualification  to  teach  are 
to  be  granted  upon  a  personal  examination  only,  and  on  the  days 
specified  in  the  law.  No  special  examination  will  be  authorized. 

Certificates  must  be  renewed  while  they  are  in  force — not  after 
they  expire. 

There  is  no  provision  in  the  law  for  a  "supplementary  check"  to 
cover  errors  in  the  census. 

A  teacher  is  paid  for  Institute  week  only  in  case  the  teacher  is 
in  actual  attendance  during  the  entire  session  and  the  Institute  is 
held  during  the  session  of  his  school — not  otherwise. 

All  matters  of  difference  and  doubt  touching  the  administrative 
duties  of  officers  and  teachers  of  the  District  and  Graded  Common 
Schools  of  a  county  are  to  be  decided  by  the  County  Superintendent. 
The  County  Superintendent  is  urged  to  meet  disputed  questions 
squarely  and  to  decide  them  promptly  and  in  conformity  to  law.  Such 
decisions  must  be  in  writing,  and  copies  of  them  should  be  kept  on 
file.  Appeals  can  then  be  taken  to  this  office  if  desired,  but  not  until 
the  County  Superintendent  has  rendered  an  opinion  as  noted. 

OPINIONS    OF    THE    ATTORNEY    GENERAL. 

Certificates — When  to  Renew — Certificates  must  be  renewed  while 
they  are  in  force  and  not  after  they  expire.  A  document  that  is  dead 
can  not  be  brought  to  life.  A  certificate  that  expires  May  24,  1908, 
can  not  be  renewed  by  the  County  Superintendent  on  May  25,  1908, 
and  the  same  is  applicable  to  State  certificates  when  renewed  by  the 
Superintendent  of  Public  Instruction.  A  first  class  certificate  is  good 
for  four  calendar  years.  If  the  Legislature  had  intended  school  years 
they  would  have  used  the  term,  and  in  the  absence  of  some  qualify- 
ing word,  the  word  "year"  as^  used  in  the  Statutes  means  365  days. 

County  Examiner — The  office  of  teacher  is  not  incompatible  with 
the  office  of  County  Examiner.  A  teacher  can  be  a  member  of  the 
County  Board  of  Examiners  if  she  holds  a  first  class  county  certificate 
or  State  certificate,  or  State  diploma,  or  is  a  college  graduate. 

Denominational  Sch'ools  Not  Combined  with  Public  Schools. — 
Under  Sections  5  and  189  of  the  Constitution,  followed  by  Section 


KENTUCKY   SCHOOL  LAWS   1914.  185 

4368,  Kentucky  Statutes,  it  is  our  opinion  that  no  consideration  of  any 
common  school  with  any  sectarian  school  can  ever  be  accomplished, 
and  that  no  State  fund  must  go  out  to  the  aid  of  any  such  school, 
and  that  no  connection  or  combination,  be  it  called  Common  School, 
High  School,  Graded  School,  College  or  University,  can  be  had  blend- 
ing with  any  denominational  school.  The  American  idea  has  always 
been  a  complete  separation  of  Church  and  State,  in  order  that  we 
might  have  the  constitutional  guaranty  of  freedom  of  conscience  in 
the  worship  of  God. 

Corporal  Punishment. — There  is  no  law  in  this  State  prohiiting 
corporal  punishment  of  pupils  in  the  public  schools.  Of  course,  an 
unreasonable  infliction  of  punishment  upon  a  child  is  never  per- 
mitted, and  the  inflictoK  would  be  both  civily  and  criminaly  liable. 

County  Superintendent's  Salary — Extra  Pay  as  a  Member  of  the 
Board — The  County  Superintendent  does  not  receive  a  salary  of  three 
dollars  per  day  when  acting  as  chairman  of  the  County  Board  of  Edu- 
cation. He  is  a  member  by  virtue  of  his  office.  The  other  members 
are  entitled  to  their  per  diem. 

Sheriff's  Fees  For  Collecting  County  School  Tax — Sheriff's  fees  for 
collecting  the  county  school  tax  must  be  paid  out  of  the  county 
revenue,  and  not  from  the  revenue  for  school  purposes.  Every  dollar 
that  is  collected  for  county  school  purposes  must  go  to  the  treasurer 
of  the  County  Board  of  Education. 

Institutes — When  To  Be  Held — It  is  our  opinion  that  no  County 
Teachers'  Institute  can  be  held  legally  during  the  month  of  June, 

1909,  for  the  school  year  beginning  July  1,  1909,  and  ending  June  30, 

1910.  The  institutes  must  be  held  between  the  first  day  of  July  and 
the  first  day  of  November,  as  required  by  the  statute. 

Graded  School  Trustees — Vacancies — How  Filled — Where  a  va- 
cancy occurs  by  the  removal  or  resignation  of  a  graded  school  trustee, 
same  is  to  be  filled  by  election  of  the  remaining  members  of  the 
board.  A  County  Superintendent  has  no  authority  to  remove  a 
graded  school  trustee,  and  if  guilty  of  misfeasance  or  malfeasance  in 
office,  he  may  be  removed  by  way  of  indictment  and  prosecution. 

Incompatible  Offices — No  person  who  is  a  trustee  of  a  common, 
.graded  common,  or  city  school  can  hold  at  the  same  time  any  office 
of  trust  or  profit  of  the  Federal,  State,  county  or  municipal  govern- 
ment, nor  a  deputy  of  any  such  office.  These  offices  are  incompat- 
ible with  the  position  of  school  trustees  of  the  schools  named. 

Railroad  and  Bridge  Taxes — To  Whom  Paid — Fees  for  Collection — 
Taxes  against  any  railroad  or  bridge  company  levied  in  any  common 
school  district  are  to  be  paid  to  the  sheriff  of  the  county,  who  shall 
receive  the  ordinary  collecting  statutory  fees  for  collecting  same,  and 
when  collected  must  be  by  him  paid  over  to  the  County  Superintendent 
under  the  provisions  of  Sections  4100,  4101  and  4129,  Kentucky 
Statutes. 


186  RULINGS  OF  THE  DEPARTMENT 

County  Board  of  Education — Power  to  Borrow  Money — Under  Sub- 
sections 11  and  12  of  Section  4426a,  Kentucky  Statutes,  County  Boards 
of  Education  have  the  implied  authority  to,  borrow  money  or  contract 
other  indebtedness  for  school  purposes,  nor  to  exceed  the  anticipated 
revenue  for  school  purposes  for  the  current  fiscal  year. 

Vaccination — The  power  to  carry  out  enforced  vaccination  of  school 
children  is  derived  from  what  we  call  the  police  power  of  the  State, 
which  power  is  lodged  in  the  legislature,  and  this  body  hjis  the  power 
to  pass  any  law  concerning  the  regulation  of  its  police  matters  as  long 
as  they  are  within  reason.  County  Boards  of  Health  are  given  power 
under  certain  acts  of  the  Legislature  to  control  vaccination  of  any 
and,  all  persons,  to  keep  down  the  spread  of  infectious  diseases.  If 
vaccination  of  school  children  is  necessary,  the  County  Board  of 
Health  has  power  to  enforce  this  regulation.  Nothing  can  stand  in 
the  way  of  its  reasonable  enforcement. 

Teach'ers — Date  of  Election — Legal — Where  teachers  are  selected 
by  the  Division  Boards  on  the  first  Saturday  in  June,  and  a  vacancy 
thereafter  occurs  by  the  teacher  resigning,  or  from  other  cause,  the 
Division  Board  may  be  convened  at  any  time  by  the  call  of  the  chair- 
man to  fill  the  vacancy  thus  caused,  but  where  a  failure  to  elect  a 
teacher  on  the  first  Saturday  in  June  occurs,  the  first  Saturday  in 
July  following  is  as  early  as  an  election  can  be  held  for  a  teacher  for 
that  place.  It  is  not  a  vacancy,  but  a  failure  to  elect.. 

Bond  Issue  in  Graded  School  District — Wh'en  Vote  May  Be  Taken 
— It  is  the  opinion  of  this  Department,  after  a  careful  review  of 
Article  10  of  Chapter  113,  Kentucky  Statutes,  that  the  Board  of  Trus- 
tees of  a  graded  common  school  district  may  within  a  period  of  less 
than  two  years  hold  more  than  one  election  upon  the  proposition  for 
the  issuing  of  bonds  of  the  district  for  the  purpose  of  providing  funds 
for  purchasing  suitable  grounds  and  buildings,  or  for  erecting  or  re- 
pairing suitable  buildings,  and  for  other  expenses  needful  in  conduct- 
ing a  graded  common  school  district. 

Superintendent  of  Public  Instruction — Power  to  Withhold  Sch'ool 
Fund  for  Non-compliance  of  Law — I  am  of  the  opinion  that  where  it 
is  made  the  duty  of  the  county,  city,  district,  Board  of  Education, 
Board  of  Trustees  or  any  school  officer,  high  or  low,  or  teacher  in 
any  school,  to  do  or  not  to  do  certain  things,  by  any  valid  act  of  the 
Legislature  pertaining  to  the  common  school  system,  and  a  refusal 
or  non-compliance  of  that  law  is  had  upon  the  part  of  any  of  these 
parties,  the  Superintendent  of  Public  Instruction  has  the  power,  and 
should,  withhold  any  portion  of  the  public  school  fund  that  may  be 
due  the  said  party,  until  a  compliance  of  the  law  is  had. 

County  High  School — Establishment  of  With  Graded  Seh'ool — 
Under  authority  of  Sub-section  8  of  Section  4426a,  Kentucky  Statutes, 
the  County  Board  of  Education  in  each  county  has  the  authority  to 
contract  with  the  Board  of  Trustees  of  any  graded  common  school 
in  the  county  for  the  purpose  of  placing  therewith  the  County  High 


KENTUCKY   SCHOOL  LAWS   1914.  187 

School  or  County  High  School  pupils,  if  such  graded  school  meets 
the  requirements  of  the  State  Board  of  Education  as  a  high  school. 

'Removal  of  Teacher — Low  Attendance  at  School — Section  4447, 
Kentucky  Statutes,  provides  that  a  teacher  may  be  dismissed  if  the 
percentage  of  attendance  in  the  district  falls  below  twenty-five  per 
cent,  of  the  total  number  of  pupil  children  therein.  It  is  the  opinion 
of  this  Department  that  any  attempt  upon  the  part  of  patrons  of  a 
subdistrict  to  withhold  pupils  from  attending  the  session  of  school 
in  the  district,  for  the  purpose  of  lowering  the  percentage  of  at- 
tendance so  as  to  dismiss  the  teacher,  is  in  manifest  violation  of 
the  statute,  and  the  non-attendance  of  pupils  is  not  a  sufficient  cause 
to  authorize  the  dismissal  of  the  teacher.  The  meaning  of  the  statute 
is  to  give  the  teacher  a  fair  and  square  chance  to  do  her  duty.  If 
she  fails  in  doing  it,  and  the  attendance  decreases  on  this  account, 
she  should  be  dismissed. 

Teachers  Must  Hold  Certificate  of  Qualification — No  part  of  the 
State  school  fund  can  be  paid  to  any  teacher  for  any  service  rendered 
as  a  common  school  teacher  in  the  public  schools  of  this  State,  unless 
he  possesses  a  certificate  of  qualification,  properly  issued  by  the 
County  Board  of  Examiners,  local  Boards  of  Education,  or  other  au- 
thority authorized  by  law  to  grant  certificates  of  qualification.  Nor 
can  such  person  be  employed  by  any  Division  Board,  or  other  school 
authority  with  po-wer  to  contract,  as  a  public  school  teacher,  and  no 
contract  can  be  entered  into  with  any  person  unless  she  holds  a 
certificate  of  qualification  at  the  time  of  the  making  of  the  contract. 

Chairman  and  Secretary  of  Division  Board  Chosen  for  One  Year — 
We  beg  to  advise  you  that  under  the  provisions  of  Sub-section  four 
of  Section  4426,  Kentucky  Statutes,  the  Chairman  and  Secretary  of 
the  Division  board  are  to  be  chosen  for  one  year.  The  Board  is  re- 
organized each  year  within  thirty  days  after  the  election  of  new 
trustees. 

Power  of  Sub-district  Trustee — It  is  his  duty  to  personally  super- 
vise a  school  in  his  district  and  to  report  the  needs- thereof  to  the 
Division  Board  of  his  educational  division  at  its  regular  meeting. 
The  sub-district  trustee  appears  to  have  no  authority  in  regard  to 
any  regulations  of  the  school  in  his  sub-district  further  than  to  re- 
port its  needs  to  the  Division  Board.  The  only  thing  that  he  can 
do  or  that  he  has  authority  to  do  under  Sub-section  5,  which  embod- 
ies his  whole  duty,  is  to  take  the  school  census.  He  has  no  right  to 
dismiss  a  school  and  then  allow  the  teacher  to  count. the  time  as 
taught  on  account  of  a  contagious  disease  or  on  account  of  any  other 
fact.  Neither  does  he  have  the  right  to  fix  a  day  when  the  school 
shall  begin. 

OPINIONS  OF  COURT  OF  APPEALS. 

An  act  making  the  regulations  as  to  what  children  should  go  on 
the  pupil  list  in  cities  of  the  first  class  different  from  that  provided 
by  the  common  law  is  in  violation  of  the  constitution. 


188  RULINGS   OP  THE  DEPARTMENT 

The  salary  of  a  county  superintendent  is  not  subject  to  the  pay- 
ment of  a  judgment  against  him. 

Members  of  the  county  board  of  examiners  are  removable  at  the 
discretion  of  the  county  superintendent  without  assigning  any  cause. 

A  county  superintendent  has  no  right  to  interfere  with  the  elec- 
tion of  a  teacher. 

A  county  assessor  has  no  power  to  assess  railroad  property  for 
taxation  for  school  purposes. 

A  verbal  resignation  of  a  school  trustee  is  illegal. 

A  board  of  education  of  a  city  elected  by  secret  ballot  was  a  mere 
irregularity  and  does  not  invalidate  the  election. 

A  county  superintendent  has  no  authority  to  try  charges  against 
trustees  of  graded  common  schools. 

The  entire  management  of  graded  common  schools  is  left  with 
the  five  trustees. 

The  board  of  education  of  a  city  of  the  second  class  has  no  author- 
ity to  petition  county  court  to  submit  question  as  to  issuing  bonds 
for  school  purposes  and  levying  a  tax. 

The  levy  of  taxes  in  second  class  cities  for  school  purposes  should 
be  only  for  fiscal  year  ending  December  31. 

The  vote  for  a  tax  for  a  graded  school  district  should  be  can- 
vassed by  the  election  commissioners  and  not  by  the  county  judge, 
clerk  and  sheriff. 

Persons  in  charge  of  public  schools  have  authority  to  control  and 
expel  pupils,  and  the  courts  will  not  interfere  with  their  authority 
unless  the  power  is  exercised  arbitrarily  or  maliciously. 

Lands  lying  within  boundary  of  graded  school  districts  are  liable 
for  taxation,  although  the  owner  resides  outside  of  the  district.  Such 
land  is  not  liable  for  taxation  in  common  school  district  where 
owner  resides. 

A  tax  levied-  for  school  purposes  can  not  be  diverted  for  the  pur- 
pose of  establishing  a  public  library,  and  is  unconstitutional.  (24  R., 
98.) 

An  order  for  holding  an  election  to  establish  a  graded  school  dis- 
trict is  valid,  although  it  contains  a  clerical  misprision,  the  certifi- 
cates of  commissioners  who  counted  the  vote  is  sufficient  and  the 
regularity  of  such  election  is  presumed.  (24  R.,  164.) 

A  mandamus  lies  to  compel  board  of  commissioners  to  issue  a 
certificate  to  a  teacher,  but  does  not  lie  to  fix  average  of  teacher 
(24  R.,  835.) 

Taxes  raised  under  special  act  for  benefit  of  a  district  school  for 
whites  must  be  distributed  pro  rata  between  white  and  colored  schools 
under  general  law.  (24  R.,  1421.) 

It;  is  proper  to  hold  an  election  for  organizing  a  graded  common 
school  on  a  day  other  than  a  regular  election  day,  and  such  election 
shall  be  held  viva  voce. 


KENTUCKY   SCHOOL  LAWS   1914.  189 

A  payment  of  three  per  cent  of  school  fund  of  cities  of  second 
class  for  the  benefit  of  a  public  library  is  unconstitutional.  (25  R., 
341.) 

'Under  the  provisions  of  Section  4409  of  the  Kentucky  Statutes, 
requiring  a  county  school  superintendent  to  make  a  settlement  of  his 
accounts  as  such  officer  with  the  county  judge  annually  on  or  before 
the  first  day  of  August,  such  an  officer,  who  disregards  the  statute 
and  refuses  to  make  a  settlement  until  after  that  date,  for  the  rea- 
son as  alleged,  that  he  has  lost  two  receipts  for  money  paid  out,  and 
is  waiting  to  obtain  duplicates,  is  guilty  of  wilfuly  failing  to  settle 
and  is  liable  to  a  penalty  imposed  by  that  statute.  (i25  'R.,  669.) 

A  child  whose  parents  reside  outside  of  a  city  and  who  lives  in 
the  city  with  a  relative,  is  not  entitled  to  attend  the  public  school 
without  the  payment  of  tuition,  where  her  residence  with  her  rela- 
tive is  merely  voluntary  and  in  no  way  binding  either  on  her  or  her 
relative.  (25  R.,  723.) 

An  election  held  for  the  establishment  of  a  graded  school  district 
is  void,  if  the  petition  for  some  of  the  voters  fails  to  fix  the  location 
of  the  school  house.  (25  R.,  307.) 

A  teacher  in  a  common  school  can  not  be  required  to  teach  special 
studies  not  provided  for  by  the  State  Board  of  Education  without 
additional  compensation,  unless  so  provided  for  in  her  contract  to 
teach  said  school.  (27  R.,  967.) 

The  petition  authorized  to  be  filed  by  Section  4464,  Kentucky 
Statutes,  asking  that  an  election  be  held  to  change  a  common  school 
district  into  a  graded  school  district,  shall  be  filed  in  the  county 
court  in  term  time,  and  the  order  for  an  election  be  made  at  a  sub- 
sequent term.  (27  R.,  1308.) 

An  incorporated  school  district  may  bring  an  action  for  delin- 
quent taxes.  (27  R.,  160.) 

A  tax  collected  by  a  city  for  school  district  which  it  forms  must 
be  appropriated  to  school  purposes  alone.  (27  R.,  697.) 

In  an  action  to  enforce  the  collection  of  a  school  tax  every  act  re- 
quired by  law  to  be  done  must  be  specifically  pleaded.  (27  R.,  991.) 

Where  the  trustees  of  a  graded  common  school  district  have,  by 
mistake,  made  a  levy  upon  property  not  in  the  district  and  collected 
the  tax,  they  may  make  a  levy  as  in  other  cases  provided  for  by 
statute  for  the  purpose  of  raising  money  to  return  the  tax  so  col- 
lected by  mistake.  (28  R.,  1G2.) 

The  city  of  Latonia  having  become  a  fourth  class  city,  and  the 
City  Council  having  adopted  an  ordinance  establishing  a  system  of 
public  schools  for  the  city,  it  was  the  duty  of  the  trustees  of  the 
graded  school  district  to  surrender  the  school  property  to  the  Board 
of  Education  of  said  city.  (29  R.,  391.) 

A  teacher  did  not  sign  the  contract  as  teacher,  but  it  was  held 
valid  because  her  name  was  signed  to  it  by  her  authority;  she  was 
only  a  day  or  so  late  in  reaching  the  school,  which  delay  was  due 
to  hoods.  The  meeting  of  the  trustees  at  the  time  of  her  employ- 


190  RULINGS  OF  THE  DEPARTMENT 

ment  was  regularly  held  and  the  corporation  was  therefore  bound 
by  it.  An  injunction  was  the  proper  remedy  for  her  to  exercise  to 
prevent  another  from  teaching  the  school,  and  the  only  way  by 
which  she  could  obtain  relief.  (30  R.,  179.) 

Normal  schools  are  among  the  institutions  for  which,  under  the 
provisions  ot  Section  184  of  the  Constitution,  the  Legislature  is  au- 
thorized to  make  appropriations  for  without  submitting  the  question 
to  a  vote  of  the  people,  and  the  Act  of  March  21,  1906,  mi  st  be  held 
valid.  (31  R.,  79.) 

Where  a  lot  was  donated  to  a  school  district  by  the  owner,  who 
gave  the  trustees  a  title  bond  therefor,  which  provides  that  "if  the 
trustees  fail  to  maintain  a  common  school  thereon,  it  should  revert 
to  the  owner,"  on  which  the  trustees  erected  and  maintained  a 
school  house  for  thirty  years,  with  the  exception  of  a  few  years'  inter- 
mission. The  owner  of  the  land  surrounding  the  school  house  sold 
and  conveyed  it,  without  excepting  the  lot  in  his  deed  to  the  pur- 
chaser, Held — That  the  title  as  well  as  the  possession  of  the  lot  was 
in  the  school  district,  as  set  out  in  the  title  bond.  (31  R.,  287.) 

The  domicile  of  the  father  is  the  domicile  of  his  infant  children, 
and  where  the  father  resides  in  a  school  district  his  children  within 
school  age  should  be  included  in  the  census  for, that  district  though 
they  may  be  temporarily  out  of  the  district.  (31  R.,  633.) 

An  appeal  involving  the  right  of  the  trustees  of  the  town  of  Hodg- 
enville  to  sell  the  school  house  which  had  been  built  by  taxation  pur- 
suant to  a  vote  of  the  citizens  of  the  town,  to  the  graded  common 
school  district  trustees,  such  school  having  been  created  by  a  vote  of 
the  people.  Held — Under  Section  3660,  Kentucky  Statutes,  the  board 
of  trustees  of  the  town  had  the  right  to  sell  this  property,  and  that 
they  could  use  their  discretion  as  to  the  terms  of  the  sale.  (32  R., 
716.) 

Common  Schools — The  school  fund  can  not  be  applied  by  the  Leg- 
islature to  any  schools  except  those  actually  taught  by  teachers  quali- 
fied acording  to  law  to  teach  in  districts  laid  out  by  authority  of  the 
school  laws,  and  under  the  control  of  trustees  elected  under  those 
laws,  which  all  white  children  in  the  districts  within  a  specified  age 
are  privileged  to  attend.  1874.  Collins  v.  Henderson,  &c.,  11  Bush,  74. 

Normal  Schools — No  appropriation  for  the  support  of  normal 
schools  can  be  constitutionaly  made  out  of  the  school  fund.  1874. 
Collins  v.  Henderson,  &c.,  11  Bush,  75. 

Taxation — In  general,  taxation  must  be  equal  and  uniform,  but 
where  the  benefits  are  special  and  peculiar,  those  alone  who  receive 
the  benefits  may  be  made  to  pay  the  tax.  1874.  Marshall  v.  Dono- 
van, &c.,  10  Bush,  691. 

Taxation — Irregularity  in  Election — Where  a  tax  in  aid  of  com- 
mon schools  has  been  imposed  pursuant  to  an  election  held  for  that 
purpose,  the  burden  is  on  the  taxpayer,  who  resists  the  collection 


KENTUCKY   SCHOOL  LAWS   1914.  191 

of  the  tax,  to  show  that  it  is  void.  A  mere  irregularity  in  conducting 
the  election  will  not  authorize  the  chancellor  to  interpose.  1881. 
Trustees,  &c.  v.  Garvey,  MS.  Opinion. 

Definiteness — A  tax  of  twenty-five  cents  on  the  hundred  dollars 
is  sufficiently  definite.  Id. 

Decision  of  County  Superintendent — The  decision  of  the  county 
sup  rintendent  is  conclusive,  and  can  not  be  disturbed  by  court  ex- 
cept upon  the  ground  that  he  was  influenced  by  improper  motives. 
1890.  Brinsore  v.  Cottenham,  &c.,  Ky.  Law  Rep.,  720. 

Teacher  Compelled  to  Report — The  teacher  of  a  district  school 
may  by  mandamus  compel  the  trustee  to  make  to  the  commissioner 
the  report  necessary  to  enable  the  teacher  to  get  his  wages  from  the 
State.  The  fact  that  the  trustee  may  be  indicted  for  a  failure  to 
report,  and  is  liable  in  damages  to  any  one  injured  by  failure,  does 
not  exclude  the  remedy  by  mandamus.  (1885.*  Jones,  &c.  v.  Strange, 
MS.  Opinion.) 

Attachments  of  Teachers'  Salary — Money  due  a  common  school 
teacher  can  not  be  attached  in  hands  of  commissioner.  1871.  Tracy, 
&c.  v,  Hornbuckle,  &c.,  8  Bush,  336,  1879.  Allen,  &c.  v.  Russell,  &c., 
78  Ky.,  116. 

Power  of  Legislature  over  School  Fund — The  General  Assembly 
has  no  power  to  devote  any  portion  of  the  school  fund  to  the  pay- 
ment of  teachers  not  acting  under  the  control  or  supervision  of  the 
officers  of  the  common  schools.  1872.  Halbert  v.  Sparks,  9  Bush, 
2&2. 

Taxation — Trustees  must  make  a  record  of  all  taxes  levied  when 
the  levy  is  ordered,  and  make  a  record  of  every  step  taken.  David- 
son v.  Sterett,  Superior  Court,  March,  1892. 

School  Fund — Legislature  Can  iN.ot  Divert — A  private  academy  was 
authorized  to  admit  such  pupils  from  the  common  school  district  as 
would  pay  tuition,  and  then  collect  the  pro  rata  of  these  pupils  from 
the  State  school  fund;  and  also  to  exempt  such  person  as  patronized 
the  academy  from  strict  taxation.  Held — That  the  act  was  uncon- 
stitutional and  void.  Underwood  v.  Wood,  Co.  Supt,  Ky.  Appellate 
Court,  May  5,  1892. 

Titles  to  Lands — Trustees  accepted  the  donation  of  land,  with  re- 
visionary  interest  in  donor,  in  case  the  land  should  ever  cease  to  be 
used  for  the  school  purposes;  and  levied  a  tax  to  be  used  to  build  a 
school,  house  on  the  land,  but  exempted  the  donor  of  the  land  from 
this  tax.  A  taxpayer  in  the  district  resisted  the  payment  of  his  taxes 
because  the  trustees  had  not  a  fee-simple  title,  and  because  they  ex- 
empted the  donor  from  taxes.  Held — That  neither  plea  was  good,  and 
he  must  pay  his  taxes.  John  Goss  v.  Trustees  of  Dlst.  25,  Fayette 
County,  Superior  Court,  April,  1893. 

Condemning  Land  for  School  House — The  trustees  of  District  7, 
Letcher  county,  selected  a  site  for  school  house;  the  owner  would  not 
sell;  they  applied  to  the  county  judge  for  a  writ  to  condemn  the  land 
for  school  purposes;  the  owner  answered  that  the  land  was  not  at  the 


192  RULINGS  OF  THE  DEPARTMEiNT 

center  of  the  district,  and  was  set  in  fruit  trees  and  in  use  as  an 
orchard;  the  county  judge  refused  to  issue  a  writ  to  condemn  the  land, 
and  the  trustees  appealed  to  the  Circuit  Court  and  asked  for  man- 
damus to  compel  the  county  judge  to  issue  the  writ.  Held — That  the 
decision  of  the  county  superintendent  as  to  the  site  of  a  school  house, 
though  final  as  to  contention  of  certain  parties  in  the  district,  does 
not  affect  the  rights  of  the  land  owner;  that  the  county  judge,  acting 
in  a  judicial  capacity,  had  the  right  to  refuse  the  writ,  and  that  man- 
damus was  not  the  proper  proceedings  to  set  aside  his  decision. 
Wright,  Trustee,  v.  Baker,  County  Judge,  Kentucky  Appellate  Court, 
May,  1893. 

Elections — The  petition  to  be  directed  to  the  county  judge  pre- 
liminary to  the  calling  of  an  election  taking  the  sense  of  the  voters 
of  a  proposed  graded  school  district  upon  the  proposition  whether 
or  not  they  will  vote  an  annual  tax  for  school  purposes,  should  be 
filed  with  the  county  judge  in  term  time,  and  the  election  therein 
provided  for  should  not  be  ordered  till  the  next  regular  term  of  the 
county  court.  99  Ky.,  11. 

School  Taxation — The  common  law  provides  that  the  railroad  tax 
shall  be  apportioned  between  the  white  and  colored  schools  in  the 
same  district,  but  this  provision  has  no  application  to  the  tax  upon 
property  of  any  other  corporation.  In  the  taxation  of  private  corpora- 
tions for  the  support  of  graded  schools  the  stock  owned  by  colored 
persons  is  liable  lo  be  taxed  only  for  colored  schools,  and  that  owned 
by  white  persons  only  for  the  white  schools.  An  agreement  between 
the  trustees  of  the  white  and  the  colored  schools,  respectively,  for  an 
apportionment  of  the  taxes  in  any  other  manner  than  that  required 
by  the  school  law  is  a  nullity.  18  Ky.  Law  Rep.,  103. 

Not  Subject  to  Assessment  For  Street  Improvements — The  prop- 
erty of  the  Louisville  School  Board,  held  by  it  tor  the  use  of  the  State 
to  carry  on  the  system  of  common  schools  established  under  the  Con- 
stitution, can  not  be  subjected  to  pay  assessments  for  the  cost  of 
street  improvements,  as  to  subject  it  to  such  assessment  would  be  to 
appropriate  the  property1  to  another  purpose  than  that  of  the  school 
system,  which  is  forbidden  by  the  Constitution. 

'Liability  for  Work  Contracted — The  city  having  the  authority  to 
contract  for  the  work,  but  no  authority  to  make  it  a  charge  upon  the 
abutting  property  which  belonged  to  the  school  board,  it  was  liable 
to  the  contractor  for  the  cost  of  the  work.  18  Ky.  Law  Rep.,  124. 

School  Elections — As  the  charter  of  cities  of  the  fourth  class  does 
not  prescribe  the  secret  ballot  in  the  election  of  members  of  the 
board  of  education,  the  voting  should  be  viva  voce,  and  those  who  are 
qualified  to  vote  under  the  general  law  may  vote.  1897.  43  South- 
western Reporter,  421. 

Common  School — State  Fund— ^Ky.  Stat,  Sec.  4433,  provides  that  a 
city  which  maintains  under  special  law,  an  adequate  and  free  sys- 
tem of  schools,  is  entitled  to  a  portion  of  the  common  school  fund. 


KENTUCKY   SCHOOL  LAWS  1914.  193 

Ky.  Stat.,  Sec.  4433,  provides  that  the  general  law  does  not  affect  spe- 
cial laws  except  as  to  teachers  as  specified  in  Ky.  Stat,  Sec.  4428, 
which  section  provides  that  "no  district"  shall  include  more  than  100 
pupils,  unless  it  contains  a  city,  *  *  *  or  there  be  established  therein 
a  high  school,  academy,  or  college  entitled  to  a  share  of  the  revenue 
of  the  common  school  fund,"  in  which  "cases  the  teacher  or  teachers 
of  such  high  school,  academy,  or  college  having  charge  of  common 
school  pupils  shall  hold  certificates  and  be  subject  to  all  the  common 
school  laws.  Held — That  unless  teachers  be  employed  by  a  city  main- 
taining a  school  system  under  special  law  conform  to  the  common 
school  standards  of  efficiency,  or  hold  certificates  under  and  are  sub- 
ject to  the  common  school  laws,  the  city  is  not  entitled  to  a  propor- 
tion of  the  common  school  fund.  19  Ky.  Law  Rep.,  466 ;  38  S.  W.  Rep., 
1066. 

Tax  Exemption. — The  intent  and  spirit  of  an  act  of  the  General 
Assembly  providing  a  tax  upon  property  owned  by  white  persons  in 
a  designated  territory  for  the  purpose  of  maintaining  a  graded  school 
for  white  pupils,  is  manifestly  to  tax  all  property  save  that  of  black 
persons;  therefore,  a  corporation  seeking  an  exemption  from  the  tax 
must  show  that  its  corporators  and  stockholders,  who  are  the  real 
owners  and  are  persons  having  color,  are  black  persons. 

Corporation — A  corporation  is  an  inhabitant  within  the  meaning  of 
an  act  taxing  the  property  of  inhabitants,  and  the  property  of  cor- 
porations may  be  taxed  under  an  act  which  authorizes  the  taxation 
of  the  property  of  persons.  16  Ky.  Law  Rep.,  283. 

Trustees  (or  other  governing  body)  of  a  school  district  or  districts 
can  only  bind  the  district  by  a  corporate  meeting  held  as  provided  by 
law,  and  the  acts  must  be  valid  acts  of  that  body.  Cooke,  et  al  v. 
District  No.  7,  &c.,  Ill  S.  W.,  688. 

An  order  by  the  County  Superintendent  of  Schools  that  school 
districts  shall  be  so  changed  as  to  include  a  specified  person  in  Dis- 
trict No.  42,  and  exclude  him  from  District  No.  47,  changed  the  boun- 
dary between  the  two  districts  so  as  to  include  such  person's  farm  in 
its  entirety  within  District  No.  42,  transferring  his  tenants  to  that 
district.  Farmer  v.  Pace,  116  S.  W.,  324. 

An  election  to  establish  a  graded  school  district  is  not  invalid 
because  certain  persons  not  qualified  were  permitted  to  vote  where 
the  result  of  the  election  would  not  be  affected  if  all  of  the  objection- 
able votes  were  deducted  from  those  received  by  the  prevailing  side. 
It  is  the  policy  of  the  law  to  uphold  elections  for  the  purpose  of  ad- 
vancing the  educational  interests  of  the  children  of  the  State,  and  not 
to  annul  them  for  light  and  trivial  causes;  and  mere  irregularities  in 
the  conduct  of  an  election  which  do  not  deprive  the  citizens  of  the 
full  and  fair  opportunity  of  exercising  their  right  of  suffrage  in  re- 
gard thereto  are  not  sufficient  to  annul  the  election.  Taylor  v. 
Sparks,  118  S.  W.,  970. 

The  Sullivan  School  Act  of  March  24,  1908,  is  constitutional  and  it 
is  mandatory  upon  the  Fiscal  Court  to  levy  a  school  tax  for  the  amount 

S.    L—  7 


194  RULINGS  OF  THE  DEPARTMENT. 

asked  for  by  the  County  Board  of  Education.  Prowse,  &e.  v.  County 
Board  of  Education,  120  S.  W.,  307. 

Section  4464,  Kentucky  Statutes,  providing  that  no  point  OH  the 
boundary  of  the  proposed  graded  school  district  shall  be  more  than 
two  and  one-half  miles  from  the  site  of  its  proposed  school  house, 
&c.,  when  considered  in  connection  with  Section  4481,  authorizing  the 
trustees  to  order  an  election  to  submit  the  question  of  the  issuance  of 
bonds  to  provide  grounds  and  buildings,  &c.,  and  Section  4439,  au- 
thorizing proceedings  to  condemn  a  site  for  a  school  house  not  ex- 
ceeding one  acre,  requires  that  the  two  and  one-half  mile  boundary 
of  a  graded  common  school  district  shall  be  measured  from  the  outer 
boundary  of  the  site  of  the  school  building,  provided  the  site  does  not 
exceed  one  acre.  Clear  Springs  Distilling  Co.  v.  Board  of  Trustees, 
122  S.  W.,  527. 

Fiscal  Court  Compelled  to  Make  Levy — The  Board  of  Education 
has  control  of  the  educational  interests  and  needs  of  the  county,  and 
it  is  the  duty  of  the  Board  before  asking  the  Fiscal  Court  to  make 
a  levy  for  educational  purposes  to  estimate  the  amount  that  in  the 
judgment  of  the  Board  may  be  needed  for  these  purposes.  And  when 
the  Board  of  Education  requests  the  Fiscal  Court  to  levy  a  property 
and  capitation  tax,  within  the  statutory  limit,  it  is  the  duty  of  the 
Fiscal  Court  to  levy  the  property  and  capitation  tax  requested  by  the 
Board,  if  it  is  within  the  statutory  limit.  The  Fiscal  Court  has  no 
discretion  to  exercise  on  this  subject.  It  must  lay  the  levy  demanded. 
(Fiscal  Court  vs.  Board  of  Education  of  Logan  County,  April  28,1910.) 

Sheriff's  Commission  For  Collecting  Taxes — The  question  involved 
in  this  appeal  is  the  amount  of  commissions  due  the  sheriff  for  collect- 
ing the  school  tax  of  Ballard  County.  The  officer  claims  that  he  is 
entitle^  to  ten  per  cent  commission  on  the  first  five  thousand  dollars 
and  four  per  cent  on  the  remainder,  whereas  the  Fiscal  Court  held 
that  the  county  tax  and  the  county  school  tax  constituted  one  fund, 
and  allowed  the  sheriff  commissions  of  10  per  cent  on  the  first  thou- 
sand dollars  and  4  per  cent  on  the  remainder  of  the  aggregate  amount 
collected  by  him.  *  *  *  The  Fiscal  Court  are  clearly  right  in  their 
construction.  *  *  *  This  court  has  often  held  that  all  of  the  taxes  col- 
lected by  a  county  constitute  one  fund  and  that  in  estimating  the 
sheriff's  commissions  for  collecting  them,  he  is  to  be  allowed  commis- 
sions on  them  as  a  single  fund.  (Hill  v.  Ballard  County,  Sept.  30, 1910.) 

Sheriff's  Commission — How  Paid — Appellant,  as  Sheriff  of  Lincoln 
County,  was  collector  of  the  county  tax  levy  of  1909.  He  claims  in 
this  suit  that  he  is  entitled  to  retain  of  the  sum  collected  ten  per 
cent  on  the  first  five  thousand  dollars;  or  in  any  event  four  per  cent 
of  the  sum  collected.  *  *  *  The  court  held  that  his  compensation  may 
not  be  taken  from  the  school  fund.  He  must  pay  over  the  whole 
amount  of  the  sum  collected  for  school  purposes  to  the  Board  of  Edu- 
cation. His  pay  is  a  charge  against  the  general  expense  fund  of  the 
county.  The  amount  required  to  be  raised  for  education  is  net,  and 
the  costs  of  collection  must  be  added  by  the  Fiscal  Court  and  provided 


KENTUCKY    SCHOOL  LAWS   1914.  195 

for  out  of  the  general  fund  as  are  other  county  general  expenses.  The 
sheriff's  commission  must  be  allowed  by  the  Fiscal  Court  upon  his 
settlement  with  that  body.  It  was  not  competent  for  the  Board  of 
Education  to  pass  on  it,  or  to  anticipate  the  action  of  the  Fiscal  Court, 
much  less  was  it  competent  for  the  Board  to  apply  funds  raised  ex- 
pressly for  educational  purposes,  to  the  payment  of  an  item  of  general 
expense  against  the  county.  The  Constitution  forbids  it.  The  judg- 
ment required  the  Sheriff  to  pay  over  the  whole  sum  collected  for 
school  purposes  is  formed.  (Hill  v.  County  Board  of  Education  of 
Lincoln  County.) 

Certificates — Third  Class — The  question  presented,  is,  does  a  cer- 
tificate of  qualification  of  the  third  class  entitle  the  holder  to  teach  as 
assistant  teacher  in  a  district  reporting  fifty-five  or  more  pupil  chil- 
dren? Plaintiff  was  employed  by  the  trustees  because  the  school  re- 
quired an  assistant.  His  case,  therefore,  falls  within  the  language  of 
the  closing  part  of  that  Section,  which  says  "When  the  school  shall  re- 
quire an  assistant  to  serve  regularly  at  a  salary,  such  assistant  shall 
hold  a  certificate  of  qualification,  and  be  employed  by  the  trustees." 
As  this  section  makes  it  necessary  for  the  assistant  teacher  to  have 
a  certificate  of  qualification,  but  does  not  specify  its  class,  resort 
must  be  had  to  Section  4503,  supra,  which  clearly  provides  that  the 
holder  of  a  certificate  of  the  third  class  shall  not  be  entitled  to  teach 
in  any  district  reporting  fifty-five  or  more  pupil  children.  We,  there- 
fore, conclude  that  plaintiff  was  not  entitled  to  teach  in  the  school  in 
question.  Therefore  he  taught  when  he  had  no  right  to  teach,  and  is 
not  entitled  to  recover  compensation,  for  it  is  well  settled  that  the 
performance  of  the  duties  of  an  office  by  one  who  holds  the  office 
without  right,  will  not  estop  the  State  from  resisting  his  claim  for 
compensation.  (Clanary,  County  Superintendent  v.  Barrett,  Feb.  9, 
1912.) 

Location  of  County  High'  School — Williamstown  is  the  county  seat 
of  Grant  County,  and  it  is  contended  that  the  statute  above  quoted 
imperatively  requires  that  the  first  county  high  school  should  be  lo- 
cated at  the  county  seat,  if  there  is  not  already  existing  in  the  county 
seat  a  high  school  of  the  required  grade,  and  that  since  the  high  school 
established  at  Williamstown  was  subsequent  to  the  two  established  at 
Dry  Ridge  and  Crittenden,  the  last  two  named  sehools  have  not  been 
legally  established.  This  construction  of  the  statute  would  require  us 
to  say  that  its  provisions  as  to  the  location  of  the  first  county  high 
school  at  the  county  seat  is  mandatory  and  not  directory  merely.  If 
it  is  mandatory,  the  contention  of  appellant  is  sound;  but,  if  the  stat- 
ute is  directory  merely,  the  failure  of  the  trustees  to  follow  the  statute 
according  to  its  precise  terms,  will  not  invalidate  their  action,  if  the 
statute  has  been  otherwise  substantially  complied  with.  We  do  not 
think  the  statute  is  mandatory  in  its  character.  Its  primary  purpose 
was  to  provide  high  schools  for  the  county;  and,  in  carrying  out  that 
purpose  the  Board  of  Education  was  directed  to  establish  the  first 
county  high  school  at  the  county  seat,  if  there  was  not  already  such 


196  RULINGS  OF  THE  DEPARTMENT. 

a  school  there  located.  It  is  the  duty  of  the  Board  to  follow  the  stat- 
ute; but  if,  in  carrying  out  the  directions  of  a  statute,  which  is  direc- 
tory only,  they  fail  to  comply  strictly  with  its  provisions,  their  acts  are 
not  void,  but  are  irregular  only.  Under  this  view  of  the  case,  we  are 
of  opinion  that  the  establishment  of  the  two  county  high  schools  at 
Dry  Ridge  and  at  Crittenden  were  legal.  (Grant  County  Board  of  Edu- 
cation, et  al.  v.  Chandler.) 


INDEX 


ACCOUNTANT—  Section 

Expert  employed  in  First  Class  City 275 

Expert  employed  in  Second  Class  City 344 

ACCOUNTS— 

To  be  kept  by  State  Superintendent 31 

To  be  kept  by  County  Superintendent  130 

ANNUTY  FUND- 
TO  teachers  in  First   Class  City 296,  313 

To  teachers  in  Second  Class  City  .'..        354a 

APPEALS— 

To    State    Superintendent 39 

From  Decision  of  County  Superintendent 67 

APPOINTMENT— 

Of  students  to  State  University  411,  423,  442 

Of  Regents  for  Normal  Schools  463 

Of  students  to  Normal  Schools  484 

Of  Trustees  for  State  University 397 

APPROPRIATIONS— 

To  State  University, 416,  417,  419,  427,  431,  434,  435,  451,  453 

To  Normal  School  483,  487,  492,  493,  494,  495,  496 

To  Colored  Normal  School 514,  515,  517,  519,  520 

APPORTIONMENT— 

Of  School  Fund 18 

ARCHITECT— 

To  be  employed  by  State  University  424,  434 

To  be  employed  by  Normal  Schools  492 

To  be  employed  in  City  of  First  Class  264,  265 

ASSOCIATION— 

Of  teachers  to  be  held 18,  19 

ATTORNEY  GENERAL— 

Opinions    of   .  39 


198  INDEX 

AUDITOR—  Section 

Must  apportion  sheep  claims  13 

Must  pay  teachers'  salaries  19 

To  keep  account  of  State  School  Fund 16 

To  report  franchise  tax  for  schools 74 

To  estimate  school  funds 18 

BALLOTS— 

Separate  for  women 11 

BLANKS— 

To  be  prepared  by 35 

To  be  delivered  to  trustees 63 

BOARD  OF  EDUCATION— 

Cities  of  First  Class  247 

Powers  and  duties  in  cities  of  First  Class 248 

Cities  of  Second   Class 314 

Powers  and  duties  in  Cities  of  'Second  Class  ...... 315 

Cities  of  Third   Class   355 

Powers  and  duties  in  Cities  of  Third  Class  358 

Cities  of  Fourth  Class  375 

Powers  and  duties  in  Cities  of  Fourth  Class  375 

BOARD   OF  REGENTS— 

For  State  Normal  Schools  461 

BOARD  OF  TRUSTEES— 

For  Graded   Schools  155 

For  Colored  Normal  School  503 

BODY  POLITIC— 

County  Board  of  Education  129 

County  Bond  Commission  142 

BOOKS— 

To  be  adopted  85  to  114 

Immoral    forbidden 6 

BOND— 

Given  by  Business  -Director,  First  Class  City 263 

Given  by  Graded  School  Treasurer 172 

Given  by   State   Superintendent -. 27 

Given   by    County    Superintendent 52 

Given    by    School   Inspector 44 

Given  by  School  Book  Publisher  Ill 

Special  given  by  County   Superintendent 126 


INDEX  199 

BONDS—  Section 

Voted  in  Graded  School  176,  183  to  188 

Voted   in   County  141,  154 

Voted  in  First  Class  City  295 

Voted  in  Second  Class  City  340 

Voted  in  Fourth  Class  City 394a 

Issued  by  Western  Normal  School 499,  500 

BOUNDARIES— 

Sub-district  to  be  fixed  118 

Graded   Schools  may  be  changed 155 

BRIBERY— 

Penalty  for  Text  Book  Law 43 

BUSINESS  DIRECTOR— 

In  First  Class  City  262 

In  Second  Class  City 328 

BY-LAWS— 

For    Graded    School    166 

In  Fourth  Class  City  259 

CENSUS— 

Of  Children  to  be  taken  54 

To  be  taken  by  Subdistrict  Trustee  122 

How  taken  in  first  class  city 293 

CERTIFICATES— 

Classes  and  kinds 76  to   94 

County    Certificate    79 

Granted   by   State  University   435 

Granted  by  Normal  School  472 

Granted  by  Colored  Normal  School 511 

Granted  to  High  School  Teachers  84a 

First  Class  Certificates  may  be  validated  84c 

Twenty-year  Certificates  validated  for  life 84f 

May  be  revoked  by  County  Superintendent 192 

State    Diploma    77 

State    Certificate    78 

Questions  for — how  prepared  29 

To  be  granted  in  First  Class  City  292 

To  be  granted  in  Fourth  Class  City 380 

To  be  furnished  in  Child  Labor  Law 232 

CHILD  LABOR  LAW— 

Provisions  of  227  to  245 

CHARITABLE  INSTITUTIONS— 

Reports    of   33 


200  INDEX 

CHILDREN —  Section 

How  and  when  employed  227 

CHRISTIAN  MORALS— 

Must  be  taught  in  Colored  Normal  School 508 

CITIES— 

Graded  school  in * 181,  182 

CITIES  OF  FIRST  CLASS— 

Provisions  for  schools 247  to  313 

CITIES  OF  SECOND  CLASS— 

Provisions  for  schools  314  to  354 

CITIES  OF  THIRD  CLASS— 

Provisions  for  schools  355  to  374 

CITIES  OF  FOURTH  CLASS— 

Provisions  for  schools  375  to  395 

CLERKS— 

To  be  appointed  by  State  Superintendent '  28 

COLORED  VISITOR- 
HOW  and  when  elected  120 

COLORED  GRADED  SCHOOLS— 

How  voted 180 

COMMON  SCHOOLS— 

Definition    of   2 

To  be  regulated  by  Board  of  Education  25 

Fraudulent  report  of 58 

COMMISSON— 

Parental  Home  455 

To    locate   Normal    Schools 486 

COMPULSORY  ATTENDANCE— 

Provisions  for  in  rural  schools  204  to  209 

Provisions  for  in  cities  210  to  226 

CONSOLIDATION— 

Of   subdistricts   134,  138 

Graded  and  Rural  Schools  188a 

CONTRACTS— 

For  school  houses  to  be  built  146 

For  Text  Books  .: 95,  96 

In  Fourth   Class   Cities   378 

In  First  Class  Cities 265 

In  Second  Class  Cities  ..  331 


INDEX  201 

CONTRACTS— Continued—  Section 

With  teachers  18,  123 

With   Normal   Schools   477 

With  State  University  l , 424,  434 

COURSE  OF  STUDY- 
HOW  prepared  25 

Subjects  embraced  in  26 

Colored  Normal  School 505 

Of  County  High  School  131 

To  be  discussed  at  Teachers'  Institute 197 

COUNTY  ATTORNEY— 

To  give  advice  152 

COUNTY  BOARD  OF  EDUCATION— 

Of    whom    composed    124 

Time  of  meeting  .-. 132 

To  establish  County  High  School  125 

To  make  estimate  of  County  Tax  126 

To  erect,  buy  and  repair  school  houses  128 

To  report  absence  of  children  207 

To  pay  expenses  of  County  Superintendent 136 

COUNTY  HIGH   SCHOOL— 

To  be  established  by  county 125 

To  elect  teachers  in  131 

COUNTY  JUDGE- 
TO  fill  vacancy  in  office  of  County  Superintendent 69 

To  appoint  Parental  Home  Commission 256 

To  make  settlement  with  County  Superintendent 59 

COUNTY  SCHOOL  DISTRICT  LAW— 

Provisions  of  .—r 117  to  140 

COUNTY  SUPERINTENDENT— 

Attendance   at   office   64 

Expenses  paid  by  County  Board  136 

Annual  settlement  of  59 

May  suspend  Trustee 66 

May  be  removed  from  office  69 

Must  report  boundaries  of  railroads 71 

Not  to  be  interested  in  contract 134 

Qualifications  of  49 

Powers  and  duties  54  to  74 

To  keep  accounts  of  county 130 

To  report  work  of  Institute  199 

To  administer  oaths  62 

Who   eligible   ..  50 


202  INDEX 

DATA—                                                                                                       Section 
To  be   collected  by  Illiteracy   Commission lid 

DEGREES— 

Granted  by  State  University  400,  432 

DEPARTMENT  OF  EDUCATION— 

Expenses  of  — ...  14 

Provided  at  State  University  435 

DEPOSITORIES— 

In  First  Class  Cities 268 

DIPLOMAS— 

Granted  by   State   University  432,  435 

Granted  pupils   of  common   schools 7 

State,  granted  to  teachers  77 

DIVISION  BOARD  OF  EDUCATION— 

Organization   of — vacancies   121 

DOCTRINES— 

Sectarian  or  Immoral  Forbidden  6 

DORMITORIES— 

To  State  University 416  to  423 

ELECTIONS— 

Board  of  Education,  First  Class  Cities 253 

Board  of  Education,  .Second  Class  Cities  320 

Board  of  Education,  Third  Class  Cities  355 

Board  of  Education,  Fourth  Class  Cities  375 

Of  School  Trustees  63 

Of  County  Superintendent 51 

Of  Officers  in  Normal  Schools  365 

Women  may  vote  in 9 

EMPLOYMENT  CERTIFICATES— 

How  and  when  issued  229 

EXPENSES— 

Of  State  Superintendent  42,  43 

EXPERIMENT  STATION— 

Provisions  for  at  State  University  453 

EXAMINATIONS— 

Common  School  Diploma  '. 7 

Date   of   ..:. 76 

For  County  Superintendent  49 

Grades  to  be  made  76,  77,  78,  79 


INDEX  203 

EXAMINATIONS— Continued—  Section 

Teachers  in  First  Class  Cities  259 

Teachers  in  Second  Class  Cities  326,  347 

Teachers  in  Third  Class  Cities  358 

Teachers  in  Fourth  Class  Cities  380 

Of  applicants  for  appointment  to  State  University 442 

State    Diploma    77 

State  Certificate  78 

County  Certificate  79 

EXAMINERS— 

State  Board  of  29 

County  Board  of  75 

FEES— 

Of  examinations  76,  77,  78,  79 

Filing  in  Text  Book  Laws  104 

Of  teachers  at  Institutes  194 

FISCAL  COURT- 
TO  fix  salary   of  County   Superintendent .' 53 

To  furnish  office  for  County  Superintendent 68 

To  levy  school  tax  126 

To  make  settlement  with  County  Superintendent 130 

GENERAL  ASSEMBLY— 

Must  provide  for  system  of  schools  1 

GIFTS  AND  DEVISES— 

To    School    Fund 40 

To  County  Board  of  Education  128 

GRADED  SCHOOLS— 

Exempt  from  County  District  Law  118 

For  colored  persons  ... 180 

In    cities    , 181,  182 

In  parts  of  two   counties 156 

Provisions    for    155  to  188 

HIGH  SCHOOLS— 

To  be  maintained  by  county 125,  131 

To  be  maintained  by  Graded  Schools  155 

INDEBTEDNESS— 

County  Board  may  assume  - 128,  140 

In  Third  Class  City  - 368 

In  Fourth  Class  City  

Forbidden  at  State  University  and  Normal  Schools 497,  452 

State  Normal  Schools   ..  482 


204  INDEX 

ILLITERACY  COMMISSION—  Section 

Appointed   by   Governor lla 

ILLITERATE  CHILDREN— 

Census  of  to  be  taken 122 

INSPECTORS- 
HOW  appointed  43 

Powers  and  duties  43  to  48 

INSTITUTE— 

Provisions  for -.189  to  199 

INSTRUCTORS—  ••> 

To  be  employed  for  Institute  190 

May  be  called  into  convention 191 

INTOXICATING   LIQUORS— 

Sale   forbidden    8 

JOINT  INSTITUTE— 

Provisions  for  193 

JURISDICTION— 

County  Court  in  juvenile  cases  208 

County  Court  in  cities  218 

JUVENILE  COURT— 

Powers  and  duties  204,  217,  242 

KINDERGARTENS— 

In  First  Class  City 276 

In   Second  Class   City 345 

KENTUCKY  NORMAL  &  INDUSTRIAL  INSTITUTE— 

Provisions  for 503  to  521 

LABOR  INSPECTOR— 

Duties  in  Child  Labor  Law  228 

LAW— 

Department  of  at  State  University  .          440 

LEVY— 

Tax  in  Graded  Schools  155,  156,  176 

Tax  in  First  Class  City  271 

Tax  in  Second  Class  city 338 

Tax  in  Third  Class  City  362 

Tax  in  Fourth  Class  City  , 382,  394 

Tax  for  Parental  Home  -  458 


INDEX  205 

LIBRARIES—  Section 

Regulated  by  Board  of  Education  25 

Provision  for  County  200 

Provision  for  District 202 

Committee  to  be  appointed  201 

In  Third  Class  City  371 

In  Fourth  Class  City  391 

MEDICINE— 

Department  of  at  State  University  441 

MODEL   SCHOOL— 

At  Normal  Schools   485 

NORMAL  EXECUTIVE  COUNCIL— 

For  Normal  Schools  469,  471 

NORMAL   SCHOOLS— WHITE— 

Provisions  for  459  to  502 

NORMAL   SCHOOLS— COLORED— 

Provisions  for 503  to  521 

OATH— 

Of  County   Examiner  75 

Of  County   Superintendent  49 

Of  Teachers  on  examination  81 

Of  Graded  School  Trustees 165 

Of  Text  Book  Commissioners  86 

Of  Teachers  and  Trustees 62 

Of  Trustee  in  Second  Class  City  318 

Of  Trustee  in  Third  Class  City 364 

Of  Trustee  in  Fourth  Class  City  384 

OFFICE— 

Of  State  Superintendent  30 

Of    County    Superintendent 64 

OFFICERS— 

Of  election — by  whom  appointed  178a 

OFFICIAL  DECISIONS— 

To  be  given  by  State  Superintendent 67 

OFFICIAL  RECORDS— 

By  State  Superintendent  31,  34 

By  County  Superintendent  64 

PARENTAL  HOME— 

Provisions  for  ..                           455 


206  INDEX 

PARENTS—  Section 

Penalty  for  non-attendance  of  children 204 

PENALTIES— 

Fraudulent  report  of  County  Superintendent 58,  59,  60 

For  buying  teachers'  claim  65 

For  refusal  of  County  Superintendent  to  deliver  office 70 

For  selling  questions 80a 

For  violating  Text  Book  Law 99,  103,  106,  107,  108,  109,  112 

For  Trustee  interested  in  contract 134 

For  County  iSuperintendent  interested  in  contract 134 

For   teachers'   non-attendance    at   Institute 192 

For  parents  in  Compulsory  Attendance  Law 211,  212,  214 

In  First  Class  Cities  283 

In  Second  Class  Cities 352 

For  contracting  indebtedness  in  Normal  School 482 

For  contracting  indebtedness  in  State  University 452 

PER  CAPITA- 
HOW  apportioned 2 

May  be  used  to  extend  term 19a 

PENSIONS— 

To  teachers  in  First  Class  City  296  to  313 

To  teachers  in  Second  Class  City... 354a 

PERQUISITES— 

Forbidden  in  First  Class  City  288 

PROBATION— 

For  children  in.  truant  schools 224 

PUBLICATIONS— 

To  be  printed  and  distributed 38 

PUPIL  CHILDREN— 

Ages  of  in  school  law  2 

Suspension  of  5 

Census  of  54 

Per  capita  apportioned  to  18 

Diplomas  granted  to 7 

QUESTIONS— 

By  whom  prepared  29 

How  prepared  76 

Penalty  for  selling  80a 

RAILROADS— 

Tax  on  ..                                                                                       ...71  to   74 


INDEX  207 

RECORDS—  Section 

Of  County  Superintendent  to  be  delivered 70 

REPORTS— 

By  County  Superintendent  56 

Annual  of  County  Superintendent  60 

Biennial  of  State  Superintendent 32 

County  Superintendent  to  Fiscal  Court 130 

Of  Graded  Schools  168 

Of  Institute  by  County  Superintendent 199 

Of  Teachers  83 

Of  First  Class  City  : 281 

Of  Second   Class   City  350 

Of  Third  Class  City  361 

Of  Fourth  Class  City 381 

Of   State  University   410,  425 

Of  Normal  School  478 

Of  Colored  Normal  School  509 

RULINGS— 

Of  Department  of  Education  521 

SALARIES— 

When   due   teachers   19 

Of  State  Superintendent  28,  45 

Of  Clerks  to  Superintendent 28 

Of  State  Inspectors  43 

Of  County  Superintendent  53,  68 

Of  teachers  in  County  High  School  131 

Of  teachers   57,  83 

Maximum  and  minimum  in  Rural  Schools  137 

SCHOOL  FUND— 

Sources   of   

Sheep  claims 

Expenditure   of  15 

Remainder  to  be  returned  18 

Gifts  and  devises  to  40 

Misappropriation    of    37,  45 

Payment  to  teachers  - 19,  57 

State  and  County  to  be  united  137 

In   Graded    Schools    -. 172,  173 

SCHOOL  LAWS— 

By  whom  edited 36 

SCHOOL  HOUSES— 

To  be  built  by  County  

To  be  built  in  Graded  School  174 

To  be  used  for  other  purposes  


208  INDEX 

SCHOOL  MONTH—  Section 

Definition    of   4 

SCHOOL  TERM— 

May  be  extended  19a 

SCHOOL  YEAR— 

Definition    of 3 

SECOND  YEAR  FUNDS— 

To   be   returned    18 

SECRETARY— 

State  Normal  School  Board  481 

SETTLEMENT— 

Of  County  Superintendent  59,  70 

SHERIFF— 

To  hold  graded  school  election  159 

To  collect  school  tax  , 126 

SPECIAL  CHARTER  SCHOOLS— 

May  levy  special  tax  . 188 

STATE  BOARD  OF  EDUCATION— 

How  constituted  : 20 

Powers  and  duties 21 

To  issue  High  School  Certificates  84a 

To  prepare  Course  of  Study  26 

To  govern  libraries  25 

To  hear  appeals  from  State  Superintendent 39 

STATE  BOARD  OF  EXAMINERS— 

Must  prepare  Institute  Syllabus 189 

Must  prepare  Examination  Questions 76 

To  be  appointed  by  State  Superintendent 29 

STATE  UNIVERSITY— 

Laws  relating  to  395  to   458 

STATISTICS— 

By  County  Superintendent  60 

By    teachers    82,  83,  84 

SUBDISTRICTS— 

Composed  of  parts  of  two  counties 135 

Laws  relating  to 118 

New  ones  may  be  created  '. 127 


INDEX  209 

SUPERINTENDENT —  Section 

Of  Parental  Home  457 

Appointed  in  First  Class  City 261 

Appointed  in  Second  Class  City  327 

Appointed  in  Third  Class  City 358 

Appointed  in  Fourth  Class  City  378 

SUPERINTENDENT   OF  PUBLIC   INSTRUCTION— 

Apportionment  of  School  Funds  to  be  made  by 2 

Apportionment  of  per  capita  by 18 

May  appoint  clerks  * 28 

Oath  of  office 27 

To  make  Biennial  Report  32 

To    certify   records    34 

To   furnish   Teachers'   Records 82 

To  deliver  office  to  successor  41 

SUPERVISORS— 

Manner  of  employment  136 

TAXES— 

Railroad,    how    collected    71  to  74 

Levied   by  County  Board  of  Education 118,  126 

Special  may  be  voted  in  subdistrict  126 

May  be  voted  for  consolidation  138 

Levy  by  County  Commission,  County  Bonds 150  to  154 

For  Graded  Schools  155,  156,  176 

For  Graded  School  Bonds 174,  187c 

For  Special  Charter  Schools  188 

For  First  Class  City  271 

For  Second  Class  City  .-. 338 

For  Third  Class  City  362 

For  Fourth  Class  City  382 

For  Parental  Home  458 

TEACHERS— 

Assistant  may  be   employed   

Employment   of  in   subdistrict  

Employment  of  in  consolidated  school  

Employment  of  in  Graded  School  167 

Employment  of  in  First  Class  City 

Employment  of  in  Second  Class  City  

Employment  of  in  Third  Class  City  

Employment  of  in  Fourth  Class  City  

Employment  of  in  Normal  School  

Examined  in   Second  Class  City 347 

Examined  in  Fourth  Class  City  -  378»  88° 

Association  of  to  be  held  198 


210  INDEX 

TEACHERS — Continued —  Section 

Must  attend  Institute 192 

May  be  suspended  in  Second  Class  City 327 

Pensions  in  Second  Class  City  354a 

Pensions  in  First  Class  City 296  to  313 

Not  to  be  employed  by  Book  Company  109 

Must  keep  records  of  school  82 

Salary   due  , '......  19 

Penalty  for  buying  claim  of  64 

To  report  absence  of  children 207 

TEXT  BOOKS— 

To  be  supplied  indigent  children 55 

To  be  adopted  in  Second  Class  City , 347 

To  be  adopted  in  Third  Class  City  360 

To  be  adopted  in  Fourth  Class  City . 380 

To  be  adopted  in     State  85  to  114 

TTLE— 

To  property  in  Graded  Schools  178 

To  property  in  Rural  School  118 

TRUANT   OFFICERS— 

Appointed   in   Cities   215 

Powers  and  duties  234 

Supervisors  to  act  in  Rural  School 136 

To  be  appointed  in  Second  Class  City  327 

TRUANT  SCHOOLS— 

Provisions  for  in  Cities 221 

TREASURER— 

County  Superintendent  to  act  for  county  126 

May  be  appointed  in  Graded  School  172 

May  be  appointed  in  First  Class  City  267 

May  be  appointed  in  Second  Class  City  339 

May  be  appointed  in  Third  Class  City 366 

May  be  appointed  in  Fourth  Class  City 386 

To  be  appointed  for  State  University 403,  404 

To  be  appointed  for  Normal  School 479,  480 

TRUSTEES— 

Compensation    of 122,  132 

Elected  in  subdistrict *. 119 

May  be  removed  - 66 

Elected  in  Graded  School 161  to  164 

Must   sign   Teachers'   Report 83 

Oath    of    63 

Vacancies  in  subdistrict,  how  tilled 121 


INDEX  211 

TRUSTEES— Continued —  Section 

Not  to  be  interested  in  contract 134 

Qualifications  in  Third  Class  City  365 

Must  organize  district  library  202 

Of  State  Univercity  395,  397a 

Powers  and  duties,  State  University 399 

TUITION— 

Pupils  in  Normal  School  484 

Of   State   University 395,  397a 

Pupils  in  Colored  Normal  School  507 

VACANCY— 

Office  of  County  Superintendent  69 

How  filled  in  subdistrict  for  teachers  , 123 

Board  of  Education,  First  Class  City  ; ..  257 

Board  of  Education,  Second  Class  City  324 

Board  of  Trustees,   State   University   405 

Board  of  Regents,  Normal  Schools  464 

VOTE— 

To  be  taken  for  special  tax  t 126 

To  establish  Graded  School  155,  156 

To  vote  tax  for  consolidated  school  138 

To  vote  special  tax  in  Rural  School 126 

WARRANT— 

When  drawn  to  pay  teachers 19 

WOMEN— 

May  vote  in  school   elections 9 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


THIS  BOOK  IS  DUB  ON  THE  LAST  DATE 
STAMPED  BELOW 


APR  1C 


19  >""* 


30m-6,'14 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


